Patna High Court
Rana Ram GodaraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Rana Ram Godara, a driver, was arrested on 28‑12‑2025 in connection with the seizure of 9,546.84 litres of illicit foreign liquor under Section 111 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He applied for bail, asserting that no liquor was recovered from his conscious possession, that the seizure was from the truck he was driving, and that he has a clean criminal antecedent. The prosecution opposed the bail application. The court observed the lack of recovery from the petitioner’s possession and the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023, and concluded that these circumstances justified granting bail. Consequently, bail was granted on a bond of Rs 10,000 with two sureties, subject to conditions of representation, physical presence, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the seizure of a large quantity of illicit liquor.
- Whether the absence of conscious possession and alleged non‑compliance of Sections 103/105 of the BNSS, 2023, constitute grounds for bail.
- Whether the petitioner’s role as driver alone suffices to sustain the charge.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 105, 111
Subjects
- bail
- illicit liquor
- conscious possession
- driver liability
- Section 111
- Section 30(a)
- Sections 103 and 105
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18347 of 2026
Arising Out of PS. Case No.-297 Year-2025 Thana- MAKER District- Saran
======================================================
Rana Ram Godara Son of Pabu Ram R/O Village - Shakti Nagar, Tehsil -
Gudamalai Takuberi, P.S. - Sindhari, District - Barmer, Rajasthan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Chetna, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Ms. Chetna, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.12.2025 in connection with Maker P.S. Case No. 297 of
2025, F.I.R. dated 27.12.2025 for the offences punishable under
Section 111 of the B.N.S, 2023 and section 30(a) of the Bihar
Prohibition and Excise Act, 2022.
3. Recovery is of 9546.84 liters of illicit foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. He further submits that it
Patna High Court CR. MISC. No.18347 of 2026(2) dt.24-03-2026
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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 the truck in question.
She further submits that the petitioner has been made accused
merely on the ground that he is driver of the said truck in
question. There is non-compliance of Sections 103/105 of the
BNSS, 2023. The petitioner is in custody since 28.12.2025.
5 Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, nothing has been
recovered from the conscious possession of the petitioner and
there is non-compliance of Section 103/105 of the B.N.S.S,
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
Exclusive Special Excise Court No.03, Saran (Chapra) in
connection with Maker P.S. Case No. 297 of 2025, subject to the
following conditions:-
i. One of the bailors shall be the close relative of the
petitioner.
ii. Petitioner shall co-operate in the trial and shall be
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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.
iii. 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.
iv. 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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