Lal Mohan Kumar @ Lal Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11905 of 2022 Arising Out of PS. Case No.-630 Year-2021 Thana- MAHUA District- Vaishali ====================================================== LAL MOHAN KUMAR @ LAL MOHAN YADAV S/o Ramlal Singh Permanent resident of Village- Barua Bahuara, P.S.- Rajpakar (Baranti O.P.), Dist- Vaishali. Presently residing at Khazanchi Road, P.S.- Pirbahor, DistPatna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 32(1), 32(3), 38 and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

It is a case of recovery of English wine from a vehicle.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner is the owner of the vehicle in question. He further submits that the driver of the vehicle was apprehended on spot. He further submits that the petitioner was

Patna High Court CR. MISC. No.11905 of 2022(2) dt.25-08-2022 2/2 not aware about carrying the illicit wine by the driver of the vehicle. He further submits that petitioner is ready to deposit the fine of Rs.50,000/- in the District Legal Services Authority, Vaishali at Hajipur. Petitioner has no criminal antecedent. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No-II-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Mahua P.S. Case No. 630 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C with condition that at the time of furnishing bail bond, the petitioner shall produce the receipt of fine of Rs.50,000/-.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T