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Patna High Court

Bharat RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

Bharat Ram was arrested on 3 September 2025 after police recovered 20 litres of country‑made liquor from a scooty he owned, and he was charged under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no knowledge of the liquor, that no incriminating material was found in his possession, and that the police had framed him with ulterior motive. He also pointed out that the police had not complied with Section 103 of the BNSS, 2023, and highlighted his five prior criminal antecedents. The State opposed bail, but the Court, considering the length of custody and the circumstances, decided to grant bail. The bail was ordered on the condition of a Rs.15,000 bond with two sureties, one of whom must be a close family member, and with strict compliance requirements for future appearances and conduct.

Issues considered

  • Whether bail should be granted to the accused in offences under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act despite prior criminal antecedents and the nature of the offence.
  • Whether the failure to comply with Section 103 of the BNSS, 2023, warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • liquor
  • criminal procedure
  • Section 103
  • antecedents
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1748 of 2026
                       Arising Out of PS. Case No.-1465 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Bharat Ram Son of Late Krishna Ram Resident of Village- Ambedkar Road,
                 Ambedkar Nagar, Colony (Sampatechak), P.S -Sultanganj, Dist- Patna

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Maruti Kumari, Adv.
                 For the Opposite Party/s :         Mr. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026              Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner seeks bail in connection with Excise PS

                   Patna Case No. 1465 of 2025 instituted for the offences under

                   Sections 30(a) & 56(b) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 20 liters of

                   country made liquor was recovered from the scooty and the

                   petitioner was arrested on the spot.

                           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

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.1748 of 2026(2) dt.19-01-2026
                                            2/3




          for the petitioner submits that the petitioner is the owner of the

          said scooty and has been implicated in this case by the police

          with ulterior motive. The petitioner is in custody since

          03.09.2025 and has got five criminal antecedents. 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, after framing of

          charge, if not already framed, 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 Excise PS Patna Case No. 1465 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. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the petitioner.
           Patna High Court CR. MISC. No.1748 of 2026(2) dt.19-01-2026
                                                       3/3




                             (III) If the petitioner is found involved in the similar

                     nature of offence in future, the prosecution will be at liberty to

                     move for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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