Patna High Court
Jairam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner as no incriminating article was recovered from him and he has clean antecedents.
Summary
Jairam Kumar was arrested in connection with the seizure of 3129.75 litres of illicit country-made liquor, alleged to have violated Sections 420, 467, 468, 471 and 34 of the IPC and several provisions of the Bihar Prohibition and Excise Act. The petitioner contended that he was neither the owner nor the driver of the truck, no incriminating article was found in his possession, and he had no prior criminal record. The State opposed bail, arguing the seriousness of the offences. The Court considered the lack of direct evidence against the petitioner, his clean antecedents, and the length of his pre‑trial custody, and decided to grant bail. Accordingly, the petitioner was released on a bail bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court‑II, Patna.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged offences under the IPC and the Bihar Prohibition and Excise Act despite the seriousness of the charges.
Legislation cited
- Indian Penal Code — s. 34, 420, 467, 468, 471
Subjects
- bail
- illicit liquor
- excise law
- Indian Penal Code
- Bihar Prohibition and Excise Act
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14510 of 2026
Arising Out of PS. Case No.-637 Year-2022 Thana- GOPALPUR District- Patna
======================================================
Jairam Kumar S/o Tejo Yadav R/o Chodiha, P.S. - Jamui, Distt.- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Madan Mohan, Advocate
For the State : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 420, 467, 468, 471 and 34 of
the Indian Penal Code and Sections 30(a), 32(2)(3), 36, 41(1)(2)
and 44 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 3129.75 liters of illicit
country made liquor was recovered from a truck.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
Petitioner is neither owner nor driver of the vehicle in question.
No incriminating article has been recovered from possession of
this petitioner and petitioner has falsely been implicated in this
case merely on suspicion. Moreover, charge-sheet has already
Patna High Court CR. MISC. No.14510 of 2026(2) dt.10-04-2026
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been submitted and petitioner, having no criminal antecedents,
is in custody since 12.01.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, fact that no incriminating article has been recovered from
possession of this petitioner, period of custody and clean
antecedents of the petitioner, the prayer for grant of bail to the
petitioner is allowed.
7. Accordingly, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court-II, Patna
in connection with Gopalpur P.S. Case No. 637 of 2022.
(Prabhat Kumar Singh, J)
shashank/-
U T
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