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Patna High Court

Ramesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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