Patna High Court
Lal Mohan Rai @ Lalmohan RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Lal Mohan Rai, was arrested in connection with a case involving the seizure of 170 litres of illicit country-made liquor, 1,000 litres of solution, four illegal liquor kilns, and raw materials, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, citing his multiple pending cases and the lack of substantive evidence linking him to the recovery, and pointed to bail being granted to co‑accused in similar cases. The State opposed bail. The court, after considering the facts, the petitioner’s willingness to deposit a bail bond of Rs. 10,000 with two sureties, and his criminal antecedents, granted bail subject to several conditions, including surety requirements, personal appearance, and periodic reporting to the Superintendent of Police. The bail bond was to be accepted by the trial court upon receipt of the deposit. The order emphasized that any observations made would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite his criminal antecedents
- Whether the petitioner’s alleged false implication and lack of substantive evidence warrant bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor
- criminal antecedent
- court conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86557 of 2025
Arising Out of PS. Case No.-920 Year-2024 Thana- SONEPUR District- Saran
======================================================
Lal Mohan Rai @ Lalmohan Rai S/o Rambadan Rai @ Badan Rai R/o Village
- Baburbani, P.S - Sonepur, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Sonepur P.S. Case No. 920 of 2024
registered for the offence(s) punishable under Section(s)
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, a total of 170 litres
of country-made liquor, 1,000 litres of solution, four illegal
liquor kilns, and certain raw materials were recovered from
the banks of the river Ganga.
4. The learned counsel for the petitioner submits
that the petitioner has been falsely implicated in the present
case merely on account of the fact that he carries eleven
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criminal cases against his name of similar nature. It is
further submitted that the petitioner has been implicated by
the police on mere suspicion, without any independent or
substantive material connecting him with the alleged
recovery. It is next submitted that similarly situated co-
accused persons, namely, Shashi Rai, Dinesh Ray, and
Brajesh Rai, have already been granted bail by this Hon’ble
Court vide orders dated 21.03.2025 passed in Cr. Misc. No.
11213 of 2025, 24.07.2025 passed in Cr. Misc. No. 47861
of 2025, and 04.07.2025 passed in Cr. Misc. No. 27303 of
2025 respectively; copies of the said orders have been
brought on record by way of Annexure-P/4 series and
Annexure-P/5. The learned counsel further submits that
although the petitioner is named in eleven criminal cases he
is on bail in eight of them and in the present case he is in
custody since 17.10.2025.
5. The petitioner is willing and undertakes to
deposit a sum of Rs. 10,000/- in the account of Lawyers’
Association Welfare Benevolent Fund, bearing Account No.
7801893276, IFSC Code: IDIB000L501, Indian Bank,
LNMI Branch, Bailey Road, Patna.
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6. The learned A.P.P. has vehemently opposed the
prayer for bail.
7. Regard being had to the facts and circumstances
of the case, 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 court below where the case is
pending/successor court in connection Sonepur P.S. Case
No. 920 of 2024, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be the local resident.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the court
concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
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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.
(vi) In view of the antecedents of the petitioner,
the petitioner is directed to appear before the
Superintendent of Police, Saran at Chapra within fifteen
days of his release with a copy of this order and every two
weeks thereafter for the next nine months. The conduct of
the petitioner will be kept under watch in this period by the
Superintendent of Police concerned and if it is found
wanting in any respect, a report shall be made to the court
concerned by him to initiate a proceeding for cancellation
of bail for reasons of misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed by the
petitioner before the court concerned.
8. The bail bond of the petitioner shall be accepted
by the learned Trial Court on showing receipt of deposit of
aforesaid amount with the Lawyers’ Association Welfare
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Benevolent Fund.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
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