Patna High Court
Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioners.
Summary
The petitioners, Ramesh Kumar and Md. Khalil Ahmad, were arrested in connection with the recovery of 259.2 liters of liquor and charged under Sections 30(a), 32, 41, 56(b) and 62 of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, had no possession of the liquor, and were merely renters of the premises and not owners or drivers of the vehicle involved. The State opposed bail, while the petitioners highlighted their clean criminal record and the lack of incriminating material against them. The Court noted the absence of any material linking the accused directly to the seized liquor and considered the length of their pre‑trial custody. Consequently, the Court granted bail, directing each petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act in view of the facts and their clean antecedent.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32, 41, 56(b), 62
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12083 of 2026
Arising Out of PS. Case No.-204 Year-2026 Thana- Excise P.S. District- Patna
======================================================
1. Ramesh Kumar S/o- Binod Shah R/v- Rajiv Nagar, Road no- 24K, PS- Rajiv
Nagar, District- Patna
2. Md. Khalil Ahmad S/o- Late Md. Yasin R/v- Sheikha Alamchak, Jehanabad
W.No-13, Ps- Jehanabad Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akhauri Kamal Kishore Sahay, Advocate
For the Opposite Party/s : Mr.Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in Excise Patna P.S. case
No. 204 of 2026 instituted for the offences under Sections
30(a), 32, 41, 56(b) and 62 of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 259.2 liters
liquor was recovered from a compound and a tempo and the
petitioners were arrested on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioners. The petitioners
Patna High Court CR. MISC. No.12083 of 2026(2) dt.23-02-2026
2/2
have got no concern with the alleged recovery of liquor. It is
further submitted that the petitioner No. 1 is renter of the house
in question and the house is in question is under joint
occupation of the owner as well as several other renters. The
petitioner No. 2 is also neither owner nor driver of the tempo in
question. The petitioners are in custody since 12.01.2026 and
have got no criminal antecedent. There is no compliance of
Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioners and the period of
custody undergone by the petitioners, this Court is inclined to
grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise Patna P.S.
case No. 204 of 2026.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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