Lal Mohan Rai @ Lal Mohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25954 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- SONEPUR District- Saran ====================================================== Lal Mohan Rai @ Lal Mohan Kumar Son of Ramdayal Rai @ Ramdev Rai R/o Rahimpur PS and PO -Sonepur Distt- Saran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sanjay Kumar Pandey, Advocate For the State :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Sonepur PS. Case No.122 of 2025, dated.14.02.2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per allegation, 210 litre of country made liquor has been recovered from diyara area, which is an open place accessible to the public at large.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered from his possession or from his house. In fact, the recovery has been
Patna High Court CR. MISC. No.25954 of 2025(2) dt.07-05-2025 2/3 made from a public place accessible to the public at large. He also submits that he has nothing to do with the alleged offence.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in three other case.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight 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) with two sureties of the like amount each to the satisfaction of the concerned Court, in connection with Sonepur PS. Case No.122 of 2025, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the
Patna High Court CR. MISC. No.25954 of 2025(2) dt.07-05-2025 3/3 disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T