Patna High Court
Ram SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court held that the petitioner is entitled to bail and ordered his release upon furnishing the prescribed bond and sureties.
Summary
The petitioner, Ram Singh, was arrested in connection with the alleged recovery of 72 litres of Nepali country-made liquor from the land of Tulsi Sah under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. He contended that the liquor was seized from the field, not from his possession, and that he was falsely implicated, having no prior criminal record and being in custody since December 5, 2025. The State opposed his bail application. After considering the facts and arguments, the Court granted regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, to be satisfied by the Exclusive Special Excise Court No. 3, East Champaran. The bail order was issued on 17‑02‑2026.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022 despite the alleged contraband and his arrest.
- Whether the mere suspicion and recovery of liquor from the field, without possession in the petitioner’s hands, justifies denial of bail.
Subjects
- bail
- prohibition law
- excise
- contraband
- suspicion
- criminal procedure
- Nepali liquor
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11369 of 2026
Arising Out of PS. Case No.-330 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Ram Singh Son of Thakur Singh Resident of Village - Mahuliya, P.S.- Gaur,
District - Rauthat (Nepal).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Kundwa
Chainpur P.S. Case No. 330 of 2025 dated 05-12-2025,
registered under Section 30(a) of the Bihar Prohibition & Excise
(Amendment) Act, 2022.
3. The allegation is of recovery of 72 litres of Nepali
country made liquor from the land of Tulsi Sah situated on
Sainik Road (Kharua Parsa). It is alleged that on seeing the
police party, petitioner tried to flee away and on chase he was
apprehended.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.11369 of 2026(2) dt.17-02-2026
2/2
present case. It is further submitted that no contraband was
recovered from the conscious possession of the petitioner;
rather, the alleged liquor was recovered from the field of Tulsi
Sah. The petitioner has been made an accused on the basis of
mere suspicion. It is lastly submitted that the petitioner has been
in judicial custody since 05-12-2025 and has no criminal
antecedents.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Excise
Court No. 3, Civil Court, East Champaran at Motihari, in
connection with Kundwa Chainpur P. S. Case No. 330 of 2025.
(Khatim Reza, J)
shyambihari/-
U
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