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Patna High Court

Ram Nivash Rai @ Baichaini Gop @ Mukesh RanjanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail as there was no conscious possession of the liquor and the alleged recovery was from a public place, making bail appropriate.

Summary

The petitioner, Ram Nivash Rai, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 480 litres of liquor from a public riverbank near Sabalpur. He has three prior cases, two under the Excise Act, and has been in custody since 31‑12‑2025. The petitioner argued that he was not arrested at the spot, no liquor was found in his conscious possession, and the alleged recovery occurred on land that does not belong to him, implicating him only through the testimony of a chowkidar and a local person. The State opposed bail. The court, after considering these submissions, concluded that the lack of conscious possession and the circumstances warranted the grant of bail, and ordered his release on a bond of Rs.5,000 with two sureties. The bail order was directed to be implemented by the trial court handling Sonepur P.S. Case No.848/2025.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.

Subjects

  • bail
  • excise law
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • criminal procedure
  • prior cases

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10988 of 2026
                       Arising Out of PS. Case No.-848 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
                 Ram Nivash Rai @ Baichaini Gop @ Mukesh Ranjan S/o Late Shivanath Rai
                 @ Late Shivnath Ray Resident of Village- Sabalpur Neval Tola, P.S.-
                 Sonepur, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh No. I
                 For the Opposite Party/s :       Mr. Md. Mushtaque Alam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

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

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases, out of which two cases

                   are under the Excise Act and is in custody since 31.12.2025 and

                   allegation is of recovery of 480 litres of liquor from a place near

                   bank of a river at Sabalpur. It is next submitted that petitioner

                   was not arrested from the spot as such nothing was recovered

                   from his conscious possession and even alleged recovery is

                   from a place which does not belong to the petitioner and is
             Patna High Court CR. MISC. No.10988 of 2026(2) dt.16-04-2026
                                                         2/2




                       accessible to public at large and he came to be implicated at the

                       instance of chowkidar and local person but then it is submitted

                       that police in majority of the case implicates in mechanical

                       manner at the instance of chowkidar and local person, specially

                       those who have earlier been implicated in cases relating to

                       excise.

                                     4. Learned A.P.P. opposes the prayer for bail of the

                       petitioner.

                                     5. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, is

                       directed to be released on bail on furnishing bail bonds of

                       Rs.5000/- (Rupees 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 Sonepur

                       P.S. Case No.848/2025.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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