Patna High Court
Mohan LalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing a bond of Rs 10,000 with two sureties.
Summary
Mohan Lal applied for bail in a case registered as Dumariyaghat P.S. Case No.33 of 2026 under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act after 341.28 litres of illicit foreign liquor was seized from a Grand Vitara car. The petitioner contended that the liquor was not recovered from his possession, that he was neither the owner nor the driver of the vehicle, and that the police failed to comply with Section 105 of the BNSS while making the seizure. He further claimed he was a passer‑by falsely implicated and had been in judicial custody since 23 January 2026. The State opposed bail, citing a prior criminal case against the petitioner. After hearing both sides, the court found merit in the procedural objections and, despite the antecedent, ordered the petitioner to be released on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite alleged procedural irregularities in the seizure under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s criminal antecedent justifies denial of bail.
- Whether the seizure complied with Section 105 of the BNSS.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- seizure
- procedural irregularity
- criminal antecedent
- excise law
Judgment
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 Dist-
Sonipat, 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
2 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
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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
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