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Patna High Court

Shiv Chandra RamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner subject to conditions under Section 480(3) of the BNSS and Section 437(3) of the CrPC.

Summary

Shiv Chandra Ram was arrested in connection with a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for possession of foreign liquor. The petitioner argued that the seizure list was prepared in violation of Section 103 of the BNSS because no independent witness supported the prosecution’s case. The State opposed bail, citing the petitioner’s two prior similar criminal antecedents. The Court considered the bail application, the alleged procedural lapse, and the petitioner’s criminal history. It granted bail on a Rs 10,000 bond with two sureties, imposing conditions under Section 480(3) of the BNSS and Section 437(3) of the Criminal Procedure Code, including a requirement that one bailor be a close relative and that the petitioner cooperate with the trial. The trial court was directed to verify the antecedents and cancel bail if concealment is discovered.

Issues considered

  • The seizure list was prepared in violation of Section 103 of the BNSS due to lack of independent witness.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.
  • Whether bail can be granted under Section 480(3) of the BNSS and Section 437(3) of the CrPC in the present circumstances.

Legislation cited

Subjects

  • bail
  • excise
  • foreign liquor
  • Section 30
  • criminal antecedent
  • seizure
  • Section 103
  • Section 480
  • CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No 11836 of 2026
                    Arising Out of PS. Case No.-137 Year-2025 Thana- EXCISE SONPUR District- Saran
                 ======================================================
                 Shiv Chandra Ram Son of Late Nageshwar Ram R/o Village - Kiratpur Raja
                 Ram, P.S.- Bhagwanpur, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Prakash
                 For the Opposite Party/s :       Mr.Md. Shakir Ahmad
                 ======================================================
                 CORAM: HONOURABLE MR JUSTICE RITESH KUMAR

                                                 ORAL ORDER

2   17-02-2026                  Heard the parties.

                                2 The petitioner is in custody in connection with

                   Sonepur Excise PS Case No 137 of 2025 dated 23.12.2025 for

                   allegedly having committed an offence under Section 30 (a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3 The learned counsel for the petitioner submits that

                   total 9.540 liters of foreign made liquor was recovered from

                   three persons and out of the same, 4.320 liters of foreign liquor

                   was recovered from the possession of the petitioner.                        The

                   learned counsel for the petitioner further submits that the

                   petitioner is innocent and the seizure list has been prepared in

                   complete violation of the provisions of Section 103 of the

                   BNSS, since no independent witness has come forward to
Patna High Court CR. MISC. No.11836 of 2026(2) dt.17-02-2026
                                            2/3




          support the prosecution case and there is no eye witness to the

          occurrence.       The learned counsel for the petitioner further

          submits that the petitioner is in judicial custody since

          24.12.2025 and he has got two criminal antecedents of similar

          nature.

                       4 The learned APP opposes the prayer for bail

          vehemently and submits that the petitioner is having two

          criminal antecedents.

                       5 Having heard learned counsel for the parties, let the

          petitioner above named be released on bail on his furnishing bail

          bond of Rs 10,000/- with two sureties of the like amount each to

          the satisfaction of the learned Exclusive Special Excise Court

          III, Saran at Chapra in connection with Sonepur Excise PS Case

          No 137 of 2025 dated 23.12.2025 subject to the condition as

          laid down under Section 480 (3) of the BNSS/437 (3) of the Cr

          PC with a condition that :

                                  (i) one of the bailors should be a
                       close relative/family member of the
                       petitioner,

                                  (ii) the petitioner will cooperate
                       in the trial.

                       6 The learned trial Court shall verify the criminal

          antecedent of the petitioner and in case at any stage if it is found

          that the petitioner has concealed his criminal antecedent, then
           Patna High Court CR. MISC. No.11836 of 2026(2) dt.17-02-2026
                                                       3/3




                     the Court below shall take steps for cancellation of his bail

                     bond. However, the acceptance of the bail bond in terms of the

                     above mentioned order shall not be delayed for the purpose of

                     or in the name of verification.



                                                 (Ritesh Kumar, J)
M.E.H./-

U


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