Patna High Court
Jagdish RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner, subject to monetary and procedural conditions.
Summary
The petitioner, Jagdish Ram, was arrested in connection with a case alleging possession of 270 litres of liquor, violating Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise Act. He claimed innocence, stating that no incriminating material was found in his possession and that his name surfaced only through statements of a co‑accused. The State opposed bail, highlighting his nine prior criminal antecedents and the alleged non‑compliance with Section 103 of the B.N.S.S., 2023. The court considered the length of his pre‑trial custody, the lack of direct evidence against him, and the fact that a co‑accused had already been granted regular bail. Weighing these factors, the bench inclined to grant bail, subject to a cash bond of Rs.15,000 with two sureties and specific conditions regarding appearance, non‑tampering with evidence, and refraining from similar offences. The order directed his release on bail after framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act despite his criminal antecedents
- Whether the petitioner’s non‑compliance with Section 103 of the B.N.S.S., 2023 precludes bail
- Whether the period of pre‑trial custody and lack of direct incriminating material justify bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(1), 32(3)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- prohibition
- criminal antecedents
- Section 103
- pre‑trial custody
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15843 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Jagdish Ram S/o- Late Kushe Ram R/v- Adalpur PS- Jhanjharpur RS District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Jhanjharpur Excise P.S.
case No. 181 of 2025 instituted for the offences under Sections
30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 270 liters
liquor was recovered from Tampoo.
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
further submitted that the name of the petitioner has transpired
Patna High Court CR. MISC. No.15843 of 2026(2) dt.11-03-2026
2/3
on the basis of disclosure made by apprehended co-accused. The
petitioner is in custody since 06.01.2026 and has got nine
criminal antecedents. There is no compliance of Section 103 of
B.N.S.S., 2023. Co-accused has been granted regular bail by
this Bench vide order dated 27.01.2026 passed in Cr. Misc. No.
4051 of 2026.
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 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, after framing
of charge, if not already framed, 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 Jhanjharpur Excise P.S. case No. 181 of
2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(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.
Patna High Court CR. MISC. No.15843 of 2026(2) dt.11-03-2026
3/3
(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)
Pankaj/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.