Patna High Court

Ramesh Kumar RamversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioners.

Summary

The petitioners, Ramesh Kumar and his wife Soni Kumari, were arrested after 468 litres of liquor were recovered from a pick‑up vehicle in Gopalganj. They claimed innocence, stating that the vehicle belonged to the petitioner but he had no knowledge of the liquor and that no incriminating material was found on them. The prosecution charged them under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. The petitioners argued lack of criminal antecedent, prolonged custody since 4 December 2025, and non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the facts, the court granted bail, ordering each petitioner to furnish a bail bond of Rs 15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.
Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been satisfied to justify bail.
Whether the prolonged pre‑trial custody and lack of criminal antecedent warrant release on bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise offence
liquor seizure
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
pre‑trial detention
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12960 of 2026
                     Arising Out of PS. Case No.-799 Year-2025 Thana- Excise P.S. District- Gopalganj
                 ======================================================
           1.     Ramesh Kumar Ram Son of Rajendra Ram R/O Village - Salempur,
                  Paroriya, P.S.- Ujjiyarpur @ Ojiyarpur, District - Samastipur (Bihar)
           2.    Soni Kumari Wife of Ramesh Kumar Ram Resident of Village - Salempur,
                 Paroriya, P.S.- Ujjiyarpur @ Ojiyarpur, District - Samastipur (Bihar)

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Madhav Kumar, Advocate
                 For the Opposite Party/s :        Ms.Renuka Ratanakar (App125)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioners seek bail in connection with

                   Gopalganj Excise P.S. Case No. 799 of 2025, instituted for the

                   offences punishable under Sections 30(a) and 32 of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 468

                   liters liquor was recovered from Pick-up vehicle. Both the

                   petitioners were arrested on the 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
           Patna High Court CR. MISC. No.12960 of 2026(2) dt.24-02-2026
                                                       2/2




                     the conscious possession of the petitioners. The petitioners have

                     got no concern with the alleged recovery of liquor. The name of

                     the petitioner No.1 has transpired as being owner of the vehicle

                     in question and he has no knowledge regarding the goods loaded

                     on the vehicle. The petitioner No.2 is the wife of petitioner

                     No.1. The petitioners are in custody since 04.12.2025 and have

                     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 petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case 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/- (Rupees Fifteen Thousand) each with

                     two sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Gopalganj Excise

                     P.S. Case No. 799 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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