Patna High Court
Rajdev RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail, holding that the petitioner’s implication was only technical and the liquor was not recovered from his conscious possession.
Summary
The petitioner, Rajdev Ram, was implicated in a case where 360 litres of illicit country-made liquor were recovered from a Tata Indigo car whose registration remained in his name, although he had sold the vehicle to Rakesh Kumar in 2022. The FIR, filed under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, did not name the petitioner, and the recovery was not made from his conscious physical possession. The petitioner argued that his involvement was purely technical due to the registration certificate still bearing his name. The court examined these facts and concluded that the petitioner could not be said to have actual possession or control over the liquor. Consequently, the court directed that the petitioner be released on bail, subject to a bond of Rs. 10,000 and two sureties, under the conditions of Section 482(2) of the BNSS. The bail order was conditioned on the petitioner surrendering within four weeks and complying with the stipulated terms.
Issues considered
- Whether a person whose vehicle is registered in his name but sold can be held liable for offences under the Bihar Prohibition and Excise Act, 2018.
- Whether bail should be granted when the alleged involvement is only due to a technical registration issue and not conscious possession.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- vehicle registration
- technicality
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19071 of 2026
Arising Out of PS. Case No.-233 Year-2022 Thana- DIDARGANJ District- Patna
======================================================
Rajdev Ram S/o Bhagwan Das R/o Village- Bajitpur Beapur, PS- Beapur,
Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 31-03-2026 Heard the parties
2. The petitioner is not named in the F.I.R. and
apprehending his arrest in connection with Didarganj P.S. Case
No. 233 of 2022 registered for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. As per FIR, 360 litres of country made liquor was
alleged to be recovered from the Tata Indigo car, which found
registered in the name of this petitioner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that vehicle, in issue, which alleged to
be owned by this petitioner was already sold in year 2022 itself
to one Rakesh Kumar and as purely for technical reasons that
registration certificate of vehicle, in issue, still stands in the
name of this petitioner, he was implicated with present crime
Patna High Court CR. MISC. No.19071 of 2026(2) dt.31-03-2026
2/2
in question. It is submitted that admittedly, the recovery of
illicit liquor was not made from the conscious physical
possession of this petitioner, who is a man of clean antecedent.
5. Learned APP, opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as prima-facie recovery of alleged illicit
liquor not appears to be made from the conscious physical
possession of the petitioner, coupled with the fact that
implication of this petitioner is only due to technical reason as
discussed aforesaid, accordingly petitioner above-named, in the
event of his arrest or surrender before the court below within a
period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Spl. Judge Excise Patna City/concerned Court,
where the case is pending in connection with Didarganj P.S.
Case No. 233 of 2022, subject to the conditions as laid down
under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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