Patna High Court
Sri Ram Chauhan @ Sri Ram Chouhan @ Ram Kumar @ Sri Ram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Sri Ram Chauhan, applied for bail in a criminal miscellaneous case concerning alleged offences under Sections 30(a) and 30(c) of the Excise Act, involving the recovery of 105 litres of liquor and 6000 litres of jawa mahua from the Sone river, which were subsequently destroyed. The petitioner argued that he was not arrested at the spot, no liquor was found in his conscious possession, and the alleged recovery occurred in a public place, contending that the investigation was mechanical and based on prior excise cases against him. The State opposed the bail, citing the seriousness of the offences. The Court, after considering the submissions, directed that the petitioner be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount. The bail application was therefore allowed.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 30(a) and 30(c) of the Excise Act despite prior excise cases.
- Whether the absence of conscious possession and the manner of arrest justify granting bail.
- Whether the investigation conducted by the police was sufficient to deny bail.
Legislation cited
- Excise Act — s. 30(a), 30(c)
Subjects
- bail
- Excise Act
- Section 30
- liquor smuggling
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14834 of 2026
Arising Out of PS. Case No.-316 Year-2025 Thana- NAVINAGAR District- Aurangabad
======================================================
Sri Ram Chauhan @ Sri Ram Chouhan @ Ram Kumar @ Sri Ram Kumar
Upendra Chauhan R/o Village - Mahuari, P.S. - Nabinagar, Dist. -
Auranagabad(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aman Vishal
For the Opposite Party/s : Mr.Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a) and 30(c) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases under the Excise Act
and allegation is of recovery of 105 litres of liquor from bank of
Sone river along with 6000 litres of jawa mahua, which was
destroyed.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.14834 of 2026(2) dt.03-04-2026
2/2
recovery is from a place, which does not belong to the petitioner
and is accessible to public at large and during the course of
investigation, the petitioner was apprehended, since he had
antecedent under the Excise Act. It is next submitted that
petitioner is in custody since 09.01.2026. It is next submitted
that police in majority of cases implicating innocent persons
either at the behest of Chaukidar, local person, secret
information and confessional statement in a mechanical manner
without holding a proper investigation.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
above-named, is directed to be released on bail on his furnishing
bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending in connection
with Nabinagar P. S. Case No.316 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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