Patna High Court
Arvind RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Arvind Ram, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 25.920 litres of liquor recovered from a motorcycle. The petitioner claimed innocence, arguing that his name was linked only through a co‑accused’s confessional statement and that no incriminating material was found in his possession. He also contended that his arrest was based merely on suspicion and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The State opposed bail, but the court, considering the lack of direct evidence, the petitioner’s custody period, and the circumstances, decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties, family involvement of a bailor, regular court appearances, non‑tampering with evidence, and refraining from similar offences.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the arrest and detention of the petitioner were justified in the absence of direct evidence and only on the basis of a co‑accused’s statement.
- Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, were complied with.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- suspicion
- confessional statement
- evidence
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15621 of 2026
Arising Out of PS. Case No.-344 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Arvind Ram Son of Dip Naryan Ram R/o Village - Itadhi, P.S. - Sonhan, Dist.
- Kaimur at Bhabhua.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Durgawati P.S. Case No. 344 of 2024, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 25.920 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
Patna High Court CR. MISC. No.15621 of 2026(2) dt.10-03-2026
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no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner was neither
present nor arrested on spot. Name of the petitioner has
transpired in this case on the basis of confessional statement
made by co-accused person and the same has got no evidentiary
value. It is further submitted that the petitioner has been arrested
only on the basis of suspicion. The petitioner is in custody since
03.02.2026 and has got four criminal antecedents. 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 Durgawati P.S. Case
No. 344 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.15621 of 2026(2) dt.10-03-2026
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(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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