Mohan Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51907 of 2025 Arising Out of PS. Case No.-201 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Mohan Lal S/o Virma Ram R/o vill - Lumboniyo Ki Dhani, Rupji Rajaberi, P.S. - Pachpodra, Distt.- Barmer (Rajasthan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Patepur PS Case No. 201 of 2023 instituted for the offences under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 2082.96 litres of English wine was recovered from Truck bearing Registration No. RJ04GA-7503.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.51907 of 2025(2) dt.25-07-2025 2/2 that petitioner is the driver of the seized vehicle and he has no knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 10.06.2025 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patepur PS Case No. 201 of 2023.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T