Patna High Court
Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Ramesh Kumar, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, alleging that 340 litres of illicit country-made liquor were seized underground and that only 130 litres were found on an e‑rickshaw, with none recovered from his possession. He claimed innocence, lack of criminal antecedent, and that the police failed to comply with Section 105 of the B.N.S.S. during the seizure. The State opposed the bail application. After hearing both sides, the Court found the petitioner’s claim of non‑involvement credible and noted the procedural lapse in seizure. Consequently, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Exclusive Special Court of Excise, Patna City.
Issues considered
- Whether the petitioner is entitled to bail under the provisions of the Bihar Prohibition and Excise Amendment Act.
- Whether the seizure of liquor complied with Section 105 of the B.N.S.S.
- Whether the petitioner’s lack of criminal antecedent and the circumstances of the case warrant bail.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition law
- excise
- seizure
- criminal procedure
- Section 105 compliance
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16460 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Ramesh Kumar, S/O Kailash Rai, Resident of Village- Kila Par, P.S- Chowk
Dist - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Malsalami P.S. Case No. 86 of 2026 registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Amendment Act.
3. The case of the prosecution, in short, is that
altogether 340 liters of country made liquor was beneath the
earth. Two persons were found loading the said liquor on the
auto.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that 130
Patna High Court CR. MISC. No.16460 of 2026(2) dt.13-03-2026
2/2
liters of liquor was found on E-rickshaw whereas rest was
recovered beneath the earth. Nothing has been recovered from
his possession. The witnesses of seizure list are police
personnel. Police has not complied Section 105 of the B.N.S.S.
while making the seizure. Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
15.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Spl. Court of Excise, Patna City in connection with
Malsalami P.S. Case No. 86 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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