Patna High Court

Ramishwar Rai @ Ram Ishwar RayversusThe State of Bihar

Decided: 11 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Ramishwar Rai, was arrested in connection with the recovery of 1,230 litres of raw spirit from a tractor and charged under Sections 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was neither the owner nor the driver of the tractor and that no incriminating material was found on him. The State opposed bail, while the petitioner’s counsel highlighted his four prior criminal antecedents and the lack of compliance with Section 103 of the BNSS, 2023. After considering the facts, the court found the circumstances sufficient to grant bail. The petitioner was released on a bail bond of Rs.15,000 with two sureties, subject to conditions regarding family surety, appearance in court, and non‑tampering with evidence or witnesses.

Issues considered

Whether bail should be granted to the petitioner charged under the Bihar Prohibition and Excise Act in view of the nature of the offence, custody period, and prior criminal antecedents
Whether the requirements of Section 103 of the BNSS, 2023 have been complied with

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition and excise
criminal procedure
Section 103 BNSS
prior criminal antecedents
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16333 of 2026
                  Arising Out of PS. Case No.-213 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
                 ======================================================
                 Ramishwar Rai @ Ram Ishwar Ray son of Mahesh Rai Resident of Village -
                 Tamilpur, Ps- Minapur, Dist- Muzaffarpur



                                                                                  ... ... Petitioner/s
                                                       Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priyesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, 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 connection with

                   Rampurhari PS Case No. 213 of 2025 instituted for the offences

                   under Section/s 30(a), 32(ii) & 41(i) of the Bihar Prohibition

                   and Excise Act.

                           3.       The prosecution case, in short, is that 1230.00 liters

                   raw spirit was recovered from a tractor.

                           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
Patna High Court CR. MISC. No.16333 of 2026(2) dt.11-03-2026
                                            2/3




          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. It is submitted

          that petitioner is neither the owner nor the driver of the tractor in

          question and he has no concern with the same. The petitioner is

          in custody since 31.01.2026 and has got four (4) criminal

          antecedent/s. There is no compliance of Section 103 of the

          BNSS, 2023.

                  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 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 Rampurhari PS Case

          No. 213 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.16333 of 2026(2) dt.11-03-2026
                                                       3/3




                                   (III) The petitioner will not tamper with the evidence

                     or the witnesses during the trial.

                             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)
Raj Kishore/-

U      T

Continue reading with your account

Checking your session…