Mohan Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24777 of 2026 Arising Out of PS. Case No.-33 Year-2026 Thana- DUMARIAGHAT District- East Champaran ====================================================== Mohan Lal S/o- Bhup Singh Resident of village- Ghamadi, Ps- Gohana DistSonipat, Hariyana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Dumariyaghat P.S. Case No.33 of 2026 registered for the offence punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that the petitioner was apprehended in a Grand Vitara car and from that car, 341.28 liters of illicit foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that nothing has been recovered from the possession of the petitioner. Learned counsel for the petitioner has submitted that the witnesses of the seizure list are

Patna High Court CR. MISC. No.24777 of 2026(2) dt.16-04-2026 2/2 police personnel and police have not complied Section 105 of the BNSS while making seizure. It has further been submitted that the petitioner is neither owner nor the driver of the car, rather he is a passer-by who has been falsely implicated in this case. Learned counsel for the petitioner has further submitted that the petitioner is in judicial custody since 23.01.2026.

5. The application for bail is opposed by learned APP for the State. Learned APP has submitted that the petitioner is having criminal antecedent of one case.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Exclusive Special Excise Court No.-3, Motihari, East Champaran in connection with Dumariyaghat P.S. Case No.33 of 2026.

(Ashok Kumar Pandey, J) durgesh/- U T