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Patna High Court

Lal Mohan Ray @ Lalmohan RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedents.

Summary

Lal Mohan Ray applied for anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of 103.86 litres of liquor from a location not owned by him. The petitioner claimed he was not in possession of the liquor and that the complaint was filed by a hostile chowkidar without proper investigation. He also highlighted his prior nine cases under the Excise Act, arguing that the police mechanically implicated him. The State opposed the bail, but the court considered the submissions and granted provisional anticipatory bail subject to a bail bond of Rs.45,000 with two sureties and verification of his antecedents. The order stipulated that if more than nine prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • police investigation
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62728 of 2025
                       Arising Out of PS. Case No.-561 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
                 Lal Mohan Ray @ Lalmohan Ray S/O Dipak Ray R/O Village- Sabalpur
                 Mahikinara, P.S- Sonpur, Distt.- Saran at Chapra.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Tribhuwan Narayan
                 For the Opposite Party/s :       Mr.Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-01-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of nine cases under the Excise Act and

                   allegation is of recovery of 103.86 litres of liquor from a place

                   in front of the hut of Krishna Ray.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belongs to the

                   petitioner and petitioner has no relation or concern with Krishna
Patna High Court CR. MISC. No.62728 of 2025(3) dt.06-01-2026
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          Ray and he came to be implicated at the instance of Chowkidar

          with whom he is on an inimical term. It is further submitted that

          once an accused is implicated in a case relating to excise, the

          police starts implicating mechanically either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation. It is also

          submitted that if the Chowkidar was aware about the

          involvement of the petitioner in the occurrence, then why he did

          not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          45,000/- (Rupees Forty-five Thousand) with two sureties of the

          like amount each to the satisfaction of the learned trial court

          where the case is pending/successor court in connection with

          Sonpur P.S. Case No. 561 of 2025, subject to the conditions as

          laid down under Section 482(2) of the BNSS.
              Patna High Court CR. MISC. No.62728 of 2025(3) dt.06-01-2026
                                                          3/3




                                 7.     It is made clear that thereafter the learned Trial

                        Court shall verify the criminal antecedent of the petitioner and

                        in the event if it is found that petitioner has antecedent of more

                        than nine cases then it would be presumed that petitioner, for the

                        purposes of seeking anticipatory bail, had concealed his

                        antecedent before this Court, as such, the provisional

                        anticipatory bail order shall not be confirmed, but after

                        verification if it is found that petitioner has antecedent of nine

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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