Patna High Court
Rambabu sah @ Rambabu PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to a bond and specified conditions.
Summary
Rambabu Prasad was arrested on 9 January 2026 in connection with a 2022 case alleging violation of Sections 30(a) and (b) of the Bihar Prohibition and Excise Act, 2016 for possession of 612 litres of country‑made wine seized from a vehicle. The petitioner contended that the liquor was not in his conscious possession, that co‑accused had delivered it to him, and that no direct evidence linked him to the seizure, asserting that his implication was due to prior criminal antecedents. The prosecution opposed bail, highlighting ten prior convictions, though the petitioner was already on bail in eight other cases. The court examined the lack of material evidence against the petitioner and, despite his criminal record, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to the District & Additional Sessions Judge‑XIII‑cum‑Special Judge Excise‑I, Gopalganj.
Issues considered
- What is the appropriateness of granting bail to the accused under Sections 30(a) and (b) of the Bihar Prohibition and Excise Act, 2016 given the facts of the case?
- Does the accused's prior criminal antecedents preclude the grant of bail despite lack of direct evidence linking him to the seized liquor?
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 30(b)
Subjects
- bail
- prohibition law
- excise
- criminal antecedents
- seizure of liquor
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18426 of 2026
Arising Out of PS. Case No.-263 Year-2022 Thana- UCHKAGAON District- Gopalganj
======================================================
Rambabu sah @ Rambabu Prasad Son of Shivji Sah @ Shivji Prasad Resident
of village- Lakri Dargah, Ps- Barhariya, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepankar Raj, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 03-04-2026 Heard Mr. Deepankar Raj, learned counsel for the
petitioner and Dr. Kumar Uday Pratap, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.01.2026 in connection with Uchkagaon P.S. Case No. 263 of
2022, F.I.R. dated 05.08.2022 for the offences punishable under
Sections 30(a)(b) of the Bihar Prohibition and Excise Act, 2016.
3. Recovery is of 612 liters of country made 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 has
been made from the vehicle in question. He further submits that
Patna High Court CR. MISC. No.18426 of 2026(3) dt.03-04-2026
2/3
the apprehended co-accused persons have stated that they have
gone to deliver the illicit liquor to the petitioner. Except the
aforesaid, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence and the petitioner has been made accused
in the present case due to his previous criminal antecedents.
The petitioner is in custody since 09.01.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries ten criminal antecedents other
than the present one but fairly submits that he is on bail in eight
cases.
6. Considering the aforesaid facts and circumstances,
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 District &
Additional Sessions Judge-XIII-cum-Special Judge Excise-I,
Gopalganj in connection with Uchkagaon P.S. Case No. 236 of
2022, 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
Patna High Court CR. MISC. No.18426 of 2026(3) dt.03-04-2026
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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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