Lal Mohan Yadav @ Lal Mohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11156 of 2026 Arising Out of PS. Case No.-556 Year-2025 Thana- PATLIPUTRA District- Patna ====================================================== Lal Mohan Yadav @ Lal Mohan Kumar S/o Chandradev Ray R/o - Kamaldev Narayan Path, Near Shiv Mandir, Gosai Tola, P.S - Patliputra, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan Prasad, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in connection with Patliputra P.S. Case No. 556 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Excise and Prohibition Amendment Act, 2022.
3. As per the prosecution case, the police recovered 55.60 liters of country made liquor from garbage heap and two persons were apprehended who disclosed the name of the petitioner.
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4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated at the behest of police as he has one criminal antecedent of similar nature. It has been submitted that admittedly the recovery has been made from the garbage heap and no incriminating article was recovered either from the conscious possession of the petitioner or from his house. It has been submitted that merely on the statement of two persons, the petitioner has been implicated.
5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Spl. Judge, Excise-I, Patna in connection with Patliputra P.S. Case No. 556 of 2025, subject to the conditions as laid down under Section 482 of the BNSS and subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner;
3/4 (ii) the petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court;
(iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will liable to be cancelled by the Court concerned; (iv) the Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.
(v) the Court below shall verify the criminal antecedent of the petitioners except in the case which has been mentioned in para-3 of the petition, registered for the offence under Section 30A of the Bihar Prohibition and Excise Act and, in case at any stage it is found that the petitioner has concealed their criminal antecedents, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for the purpose of the same or in the name
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7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) krishna/- U T