Patna High Court
Rama KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to bond and conditions.
Summary
Rama Kumar was arrested on 23 January 2026 in connection with the seizure of 150 litres of Mahua wine alleged to be in violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended that the wine was recovered from a CNG auto and a motorcycle, none of which he owned or drove, and that no liquor was found in his conscious possession. He also argued that the seizure process breached Sections 103 and 105 of the Bihar Narcotic/Excise (BNSS) Act, 2023. The prosecution opposed bail, citing three prior similar offences, though noting the petitioner was already on bail in those matters. The court, finding the lack of conscious possession and procedural non‑compliance significant, granted bail on a Rs 10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- What is the appropriate bail decision when the seized contraband is not found in the accused's conscious possession?
- Does non‑compliance with Sections 103/105 of the BNSS, 2023 justify granting bail despite prior similar criminal antecedents?
Subjects
- bail
- prohibition law
- excise
- Mahua wine
- seizure
- conscious possession
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16738 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Rama Kumar S/O Tilakdhari Sahni @ Tilakdhari Resident Of Village-
Nuruddinganj, P.s.- Malsalami, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate
For the Opposite Party/s : Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Arvind Prasad Singh, learned counsel for
the petitioner and Md. Aslam Ansari, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.01.2026 in connection with Malsalami P.S. Case No. 39 of
2026, F.I.R. dated 22.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise (Amendment)
Act, 2022.
3. Recovery is of 150 liters of Mahua wine.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery of 100
Patna High Court CR. MISC. No.16738 of 2026(2) dt.16-03-2026
2/3
liters of Mahua wine has been made from the CNG Auto and 50
liters from the motorcycle in question. Apart from that the
petitioner is neither the owner nor the driver of the said vehicles
in the question and he has been made accused in the present
case merely on the ground of suspicion. From perusal of the
seizure list it appears that there is non-compliance of Section
103/105 of the BNSS, 2023 and the seizure list witnesses are the
police personnel. The petitioner is in custody since 23.01.2026.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries three criminal antecedents of
the similar nature but fairly submits that the petitioner is on bail
in all the pending matters.
6. Considering the aforesaid facts and circumstances
that nothing has been recovered from the conscious possession
of the petitioner and there is non-compliance of Section 103/105
of the BNSS, 2023, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Special Judge Excise, Patna City in connection with
Malsalami P.S. Case No. 39 of 2026, subject to the following
conditions:-
Patna High Court CR. MISC. No.16738 of 2026(2) dt.16-03-2026
3/3
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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