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Patna High Court

Durgesh Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Durgesh Kumar Ram was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 405 litres of liquor were recovered from a car. The petitioner contended that he was falsely implicated, that no incriminating article was found in his possession, and that he had no link to the vehicle or prior criminal record. He also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the court, considering the lack of direct evidence and the petitioner’s custody period, decided to grant bail. The court ordered the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating evidence and procedural compliance.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition act
  • false implication
  • procedural compliance
  • surety
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10423 of 2026
                      Arising Out of PS. Case No.-18 Year-2026 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Durgesh Kumar Ram S/o- Jagdish Ram Vill-Makunama,P.S-Khajauli, Distt-
                 Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms. Kumari Pallavi, Advocate
                 For the Opposite Party/s :         Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-02-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Sadar

                   Excise P.S. Case No. 18 of 2026 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 405 litres

                   of liquor was recovered from car.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicle in
           Patna High Court CR. MISC. No.10423 of 2026(2) dt.19-02-2026
                                                       2/2




                     question or the alleged recovery of liquor. The petitioner is in

                     custody since 10.01.2026 and has no criminal antecedent. There

                     is no compliance of Section 103 of the Bharatiya Nagarika

                     Suraksha Sanhita, 2023.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                6. Considering the aforesaid facts and circumstances of

                     the case as also the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Sadar Excise P.S.

                     Case No. 18 of 2026.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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