Lal Mohan RamversusThe 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.s-
                 Amnaur , 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

2   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 1 st

          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