Created by Fuzzy Cloud

Patna High Court

Ramakant PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner on the condition of a Rs.15,000 bond and two sureties.

Summary

The petitioner, Ramakant Prasad, was arrested on 01‑01‑2026 in connection with the recovery of 75 litres of liquor from a public area and charged under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged possession of the liquor, but no incriminating material was found on the petitioner’s person and he claimed to be falsely implicated. The petitioner, who has no prior criminal record, sought bail, arguing that his detention was based solely on suspicion and that the required compliance under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was lacking. The State opposed the bail. Considering the lack of material evidence, the length of custody already served, and the procedural lapse, the Court decided to grant bail, ordering a bond of Rs.15,000 with two sureties of the same amount. The petitioner was released on bail pending further trial.

Issues considered

  • What is the appropriate bail jurisprudence for an offence under Section 30(a) of the Bihar Prohibition and Excise Act when the accused is detained solely on suspicion?
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants granting bail.
  • Whether the period of custody already served justifies bail despite the pending charge.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • suspicion
  • procedural compliance
  • Section 103
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12449 of 2026
                       Arising Out of PS. Case No.-522 Year-2025 Thana- CHENARI District- Rohtas
                 ======================================================
                 Ramakant Prasad S/o Raja Bind R/o Village- Magajpura, PS- Chenari, Dist-
                 Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajani Kant Singh, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Chenari P.S. Case No. 522 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 75 liters

                   liquor was recovered in sack from foothills and the petitioner

                   was arrested on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
             Patna High Court CR. MISC. No.12449 of 2026(2) dt.24-02-2026
                                                         2/2




                       no concern with the alleged recovery of liquor. Learned counsel

                       for the petitioner also submitted that the petitioner has been

                       arrested only on the basis of suspicion. It is further submitted

                       that the alleged recovery has been made from an open place and

                       the same is easily accessible to the public at large. The petitioner

                       is in custody since 01.01.2026 and has got no criminal

                       antecedent. There is no compliance of Section 103 of the

                       Bharatiya Nagarik Suraksha Sanhita, 2023.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances

                       of the case and the period of custody undergone by the

                       petitioner, this Court is inclined to grant bail to the petitioner.

                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Chenari P.S. Case

                       No. 522 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.