Patna High Court
Ramakant PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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