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Patna High Court

Ramprit YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted because the petitioner had a clean antecedent, no incriminating material was found in his possession, and the procedural lapse under Section 103 of the BNSS, 2023 did not preclude bail.

Summary

The petitioner, Ramprit Yadav, was arrested in connection with a case alleging possession of 43.2 liters of liquor recovered from a motorcycle, violating Sections 30(a), 38(1) and 47 of the Bihar Prohibition and Excise Act. He claimed innocence, stating he neither owned the motorcycle nor had any involvement with the liquor, and highlighted his clean criminal record and lack of incriminating material in his possession. The State opposed bail, while the petitioner’s counsel argued that procedural requirements under Section 103 of the BNSS, 2023 had not been complied with. The court considered the petitioner’s clean antecedent, the duration of his custody, and the fact that a co‑accused had previously been granted bail in a similar case. Accordingly, the court granted bail on the condition of a Rs.15,000 bond with two sureties.

Issues considered

  • Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act in view of the facts of the case
  • Whether the non‑compliance of Section 103 of the BNSS, 2023 affects the grant of bail

Legislation cited

Subjects

  • bail
  • prohibition act
  • excise
  • liquor seizure
  • clean antecedent
  • section 103 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13881 of 2026
                      Arising Out of PS. Case No.-74 Year-2018 Thana- ROSERA District- Samastipur
                 ======================================================
                 Ramprit Yadav S/o Ram Newaj Yadav @ Ram Newas Yadav R/V.- Jakhar,
                 P.S.- Rosera, Dist.- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Rosera

                   PS Case No. 74 of 2018 instituted for the offences under

                   Section/s 30(a), 38(1) & 47 of the Bihar Prohibition and Excise

                   Act.

                           3.       The prosecution case, in short, is that 43.2 liters

                   liquor was recovered from motorcycle.

                           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

                   no concern with the alleged recovery of liquor. It is submitted
           Patna High Court CR. MISC. No.13881 of 2026(2) dt.25-02-2026
                                                       2/2




                     that petitioner is not the owner of the motorcycle and he has no

                     concern with the same. The petitioner is in custody since

                     09.01.2026 and has got no criminal antecedent/s. There is no

                     compliance of Section 103 of the BNSS, 2023. Other co-

                     accused has been granted bail by this Court vide order dated

                     30.04.2018, passed in Cr. Misc. No. 24354 of 2018.

                             5.      Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Rosera PS Case No.

                     74 of 2018.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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