Patna High Court
Lal Mohan Ray @ Lalmohan RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
2/3
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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