Patna High Court

Bhuwan Kumar RamversusThe State of Bihar

Decided: 17 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Bhuwan Kumar Ram, was arrested in connection with a case involving the alleged theft and sale of large quantities of diesel and petrol, which were purportedly intended for adulteration of food. He was charged under multiple sections of the Bihar Narcotic Substances Act, the Explosive Substances Act and the Essential Commodities Act. The prosecution alleged that the accused, along with a tanker driver, stored 5,200 litres of flammable liquid, but the petitioner’s personal possession yielded no seized material and he has no prior criminal record. The petitioner sought regular bail, arguing the lack of direct evidence against him and his clean antecedents. After hearing both sides, the High Court found no compelling reason to keep him detained and ordered his release on bail with a bond of Rs.10,000 and two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the recovery of large quantities of flammable liquid.

Legislation cited

Bihar Narcotic Substances Act — s. 111, 287, 303(2), 317(2), 317(4), 317(5), 318(4)
Essential Commodities Act — s. 7
Explosive Substances Act — s. ¾

Subjects

bail
regular bail
theft of diesel and petrol
flagrant offences
explosive substances
essential commodities
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16450 of 2026
                      Arising Out of PS. Case No.-523 Year-2025 Thana- RAMGARHWA District- East
                                                       Champaran
                 ======================================================
                 Bhuwan Kumar Ram S/o- Chini Ram R/v- Ahirwa Tola Ps- Raxaul Dist- East
                 Champaran                                              ... ... Petitioner/s
                                               Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prateek Tandon, Advocate
                 For the Opposite Party/s :      Mr. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 111, 303(2),

                   287, 317(2), 317(4), 317(5) & 318(4) of the BNS, under Section

                   ¾ of the Explosive Substances Act and under Section 7 of the

                   EC Act.

                                3. The case of the prosecution, in short, is that police

                   had information that some people were buying and selling diesel

                   and petrol in huge quantity by stealing it. It is further alleged

                   that in connivance with the driver of the Nepali tankers, huge

                   quantity of diesel and petrol were kept to adulterate and prepare

                   adulterated food. On this input, the police reached near the

                   warehouse and they found five persons. As police reached there,

                   they started fleeing away. Those five persons were caught. They
            Patna High Court CR. MISC. No.16450 of 2026(2) dt.17-03-2026
                                                        2/2




                      were identified as the petitioner and four others.

                                   4. Learned counsel for the petitioner has submitted

                      that from the order of the learned trial court it transpires that

                      altogether 5200 liters of flammable liquid were recovered.

                      Learned counsel for the petitioner has further submitted that

                      nothing has been recovered from the possession of this

                      petitioner. Learned counsel has further submitted that the

                      petitioner is having no criminal antecedent and he is in judicial

                      custody since 29.12.2025.

                                   5. Learned Additional Public Prosecutor for the State

                      has vehemently opposed the prayer of bail to the petitioner.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Ramgarhwa P.S. Case No. 523 of 2025 on furnishing bail bond

                      of Rs.10,000/- (Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of learned SDJM, Raxaul at

                      Motihari.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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