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Patna High Court

Ram SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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