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Patna High Court

Rana Ram GodaraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
            Patna High Court CR. MISC. No.18347 of 2026(2) dt.24-03-2026
                                                        3/3




                       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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