Lal Mohan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38898 of 2026 Arising Out of PS. Case No.-181 Year-2026 Thana- AMNAUR District- Saran ====================================================== Lal Mohan Ram S/O Late Ganesh Ram R/o village - Amnaur Harnarayan ,P.sAmnaur , District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-06-2026 Heard Mr. Vinod Kumar, learned counsel for the petitioner and Mr. Nand Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 01.05.2026 in connection with Amnaur P.S. Case No. 181 of 2026, F.I.R. dated 30.04.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 12.800 liters of foreign liquor.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from corn field behind the house of the petitioner
Patna High Court CR. MISC. No.38898 of 2026(2) dt.22-06-2026 2/3 and the petitioner has been made accused merely on the basis of suspicion. He further submits that seizure list witnesses are Bihar Home Guard personnel so there is non-compliance of Section 103 and 105 of BNSS. The petitioner is in custody since 01.05.2026.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries four criminal antecedents other than the present one of similar nature but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matters.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Exclusive Special Excise Court, Saran at Chapra in connection with Amnaur P.S. Case No. 181 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.38898 of 2026(2) dt.22-06-2026 3/3 reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that 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 bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi /- U T