Mohan Ram @ Mohan Kumar Nirala v. The State of Bihar
CR. MISC./41413/2025 · 2025-07-16
S B P Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50503 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50503 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41413 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== Mohan Ram @ Mohan Kumar Nirala Son of Late Bhagwat Ram Village -Noneya Makkaniya Pancchimari Tola, PS -Paharpur, Dist- East champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vikash Kumar Pankaj For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 16-07-2025 Heard learned counsel for the parties.
2. The petitioner is apprehending his arrest in connection with Paharpur P.S Case No. 128 of 2025, for the offences under Sections 30(a), 41, 52 of the Bihar Prohibition and Excise (Amendment) Act.
3. As per the prosecution story, total 13.500 litres of illicit foreign liquor has been recovered from the fenced area (Ghota) of the petitioner.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. The alleged fenced area (Ghota) is an open place which is accessible to anyone. No incriminating material has been recovered from the possession of the petitioner. The name of the petitioner transpired on the basis of confessional statement of Chowkidar.
Patna High Court CR. MISC. No.41413 of 2025(2) dt.16-07-2025 2/2 Petitioner has clean antecedent.
5. Learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail.
6. Keeping in view the aforesaid facts and considering the clean antecedent of the petitioner, let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, East Champaran, Motihari in connection with Paharpur P.S Case No. 128 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.
Ranjeet/- (S. B. Pd. Singh, J) U T