Patna High Court
Taga RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Taga Ram, was arrested on 24‑12‑2025 as the driver of a truck from which 6,271.88 litres of foreign liquor were seized, and was charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He pleaded that he had a clean antecedent, was not in conscious possession of the liquor and was implicated merely because he was the driver. The prosecution opposed bail, while the petitioner argued that the statutory requirements of Sections 103 and 105 of the BNSS were not complied with. The court examined the facts, the lack of evidence of possession by the petitioner and the procedural lapses, and found merit in the bail application. Accordingly, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedent.
Issues considered
- Whether bail should be granted to the driver charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the provisions of Sections 103 and 105 of the BNSS were complied with in the investigation.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify bail.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise law
- foreign liquor seizure
- Section 30
- procedural compliance
- criminal antecedent
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16882 of 2026
Arising Out of PS. Case No.-515 Year-2025 Thana- CHENARI District- Rohtas
======================================================
Taga Ram S/o Poonama Ram @ Punama Ram R/o vill - Godaro Ki Dhani
(Kum Paliya), P.S.- Gidha, Distt.- Barmer
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Ranjit Kumar Thakur, learned counsel for
the petitioner and Mr. Gauri Shankar Gupta, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.12.2025 in connection with Chenari P.S. Case No. 515 of
2025, F.I.R. dated 23.12.2025 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 6271.88 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent 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 has been made from truck in question and the
Patna High Court CR. MISC. No.16882 of 2026(2) dt.17-03-2026
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petitioner has been made accused merely on the basis that he is
the driver of the vehicle in question. He further submits that
there is non-compliance of Section 103 and 105 of BNSS and
the petitioner is in custody since 24.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that the petitioner has clean antecedent and there is
non-compliance of Section 103 and 105 of BNSS 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 Exclusive
Special Judge Excise Court No.I, Rohtas at Sasaram in
connection with Excise(Sadar) P.S. Case No. 746 of 2025,
subject to the following conditions:-
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
Patna High Court CR. MISC. No.16882 of 2026(2) dt.17-03-2026
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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)
Suruchi/-
U T
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