Patna High Court
Ram Ratan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to bond and conditions.
Summary
The petitioners, Ram Ratan Kumar and Golu Kumar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly unloading illicit foreign liquor. The prosecution recovered 60.48 litres of liquor from a vehicle and 124.84 litres from the first petitioner's house, but the petitioners claimed they neither owned nor drove the vehicle and that no liquor was found in their conscious possession. They argued they were falsely implicated, had clean antecedents, and had been in custody since 12‑12‑2025. The State opposed bail, but the court considered the nature of the allegation, the lack of direct possession, the petitioners' clean record, and the length of custody. The court ordered bail on a bond of Rs.10,000 each with two sureties, subject to conditions under Section 480(3) of the BNSS and additional attendance requirements.
Issues considered
- Whether bail should be granted to accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of direct possession of the contraband.
- Whether the petitioners' clean antecedent and period of custody justify bail despite the seriousness of the offence.
Legislation cited
- BNSS — s. 480(3)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10591 of 2026
Arising Out of PS. Case No.-171 Year-2025 Thana- KRISHNAGARH District- Bhojpur
======================================================
1. Ram Ratan Kumar, Son of Kamla Choudhary @ Kamla Bind, Resident of
Village – Ghaghar, Bintola Sinha, P.S. - Krishanagarh, District - Bhojpur at
Ara.
2. Golu Kumar, Son of Kuli Kumar @ Kuli Mahto, R/o Village - Kutubpur,
P.S. - Doriganj, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dharmesh Kumar Shrivastava, Advocate
For the Opposite Party/s : Mrs.Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. In the present case, the petitioners seek bail in
connection with Krishnagarh P.S. Case No. 171 of 2025,
registered for the offence under Section 30 (a) of Bihar
Prohibition and Excise Act.
3. As per prosecution case, the petitioner and co-
accused were found unloading some articles from a vehicle. The
petitioners were apprehended and co-accused fled away. From
search of the vehicle, recovery of total 60.480 liters of illicit
foreign liquor was made. From search of house of the petitioner
no.1, recovery of total 124.840 liters of illicit foreign liquor was
Patna High Court CR. MISC. No.10591 of 2026(2) dt.17-02-2026
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made.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. No recovery has been made from the conscious possession
of the petitioners. The vehicle from which recovery has been
shown does not belong to the petitioners. They are neither
owner nor driver of the said vehicle. The petitioners are in
custody since 12.12.2025 and are having clean antecedent.
5. Learned A.P.P. vehemently opposes the submission
made on behalf of the petitioners.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
nature of allegation and further considering the period of
custody of the petitioners and their clean antecedent, the
petitioners are directed to be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, Excise Court No.-1, Bhojpur
at Ara/concerned court, in connection with Krishnagarh P.S.
Case No. 171/2025, subject to the conditions mentioned in
Section 480 (3) of BNSS and also the following conditions :
(i) One of the bailors will be a close
Patna High Court CR. MISC. No.10591 of 2026(2) dt.17-02-2026
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relative of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the below, if
so required by the learned trial court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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