Patna High Court

Shyam RamversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

Shyam Ram was arrested in connection with a prohibition case (Pupri Prohibition P.S. Case No. 568 of 2025) alleging that 180 litres of liquor were recovered from a motorcycle. He contended that he was falsely implicated, had no possession of the liquor, no link to the vehicle, and possessed no prior criminal record, having been in custody since 07-11-2025. The petitioner argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of incriminating evidence against the petitioner and the circumstances of his custody, the Court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding appearance and non‑tampering with evidence.

Issues considered

Whether bail should be granted to the petitioner in a prohibition case where no incriminating article is found in his possession and the prosecution has not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition
excise
false implication
Section 103
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1604 of 2026
                   Arising Out of PS. Case No.-568 Year-2025 Thana- EXCISE PUPRI District- Sitamarhi
                 ======================================================
                 Shyam Ram Son of Sanjay Ram Resident of Village- Bathnaha, ward no. 9,
                 P.S.- Jaleshwar, District- Mohtari (Nepal)


                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Pupri

                   Prohibition P.S. Case No. 568 of 2025 instituted for the offences

                   punishable under Sections 30(a), 32(c) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 180 litres

                   of liquor was recovered from motorcycle.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.1604 of 2026(2) dt.19-01-2026
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          that petitioner is in no manner connected with the vehicle in

          question or the alleged recovery of liquor. The petitioner is in

          custody since 07.11.2025 and has no criminal antecedent. There

          is no compliance of Section 103 of the Bharatiya Nagarika

          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 as also 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 Pupri Prohibition

          P.S. Case No. 568 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be the deponent of the

          present bail application, namely, Jitendra Ram.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the petitioner.

                       (III) If the petitioner tampers with the evidence or the
           Patna High Court CR. MISC. No.1604 of 2026(2) dt.19-01-2026
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                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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