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Patna High Court

Arvind RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                         3/3




                                     (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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