Patna High Court
Harendra RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed subject to the conditions specified by the Court.
Summary
Harendra Ram and Ajeet Kumar were arrested in connection with the seizure of 167 litres of illicit liquor and charged under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act. The petitioners applied for regular bail, claiming innocence and offering to donate Rs.25,000 each to a charitable organization. The State opposed the bail. The High Court, after considering the submissions, allowed the bail application, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 in the Ramakrishna Mission Sevashrama, attend Kanti Police Station every Sunday, and ensure the sureties are close blood relatives. The Court also ordered verification of the petitioners' clean antecedent before accepting the bail bonds. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act.
- What conditions, if any, may be imposed while granting bail in such offences.
Subjects
- bail
- Bihar Prohibition & Excise Act
- illicit liquor
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19827 of 2026
Arising Out of PS. Case No.-376 Year-2026 Thana- Excise P.S. District- Muzaffarpur
======================================================
1. Harendra Ram S/O late Jaggu Ram R/O Vill.- Lashkaripur Kalwari, P.S.-
Kanti, Dist.- Muzaffarpur.
2. Ajeet Kumar S/O Hardeo Ram R/O Vill.- Lashkaripur Kalwari, P.S.- Kanti,
Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nitu Kumari
For the Opposite Party/s : Mr. Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Muzaffarpur (Utpad) Excise P.S. Case No. 376 of 2026
registered for the offence under Sections 30(a), 32(3) of the
Bihar Prohibition & Excise Act.
3. There is recovery of 167 liters of illicit liquor from
the possession of the petitioners.
4. Learned counsel for the petitioners submits that
the petitioners are in custody since 24.02.2026, are quite
innocent and have falsely been implicated in the present case.
He further submits that the petitioners undertakes to donate Rs.
Patna High Court CR. MISC. No.19827 of 2026(2) dt.31-03-2026
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25,000/- (Rs. Twenty Five Thousand) each in some charitable
organization without accepting their guilt.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the submissions of the parties, this application for regular
bail is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned concerned Court below, Muzaffarpur in
connection with Muzaffarpur (Utpad) Excise P.S. Case No. 376
of 2026 subject to condition that:-
(I). The petitioners shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) each in Ramakrishna Mission
Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, and produce the receipt of
the same before the Court below. The bail bonds
of the petitioners shall be accepted only after
verifying the genuineness of the receipt
produced by the petitioners.
(ii). The petitioners are directed to
mark their attendance at Kanti Police
Station, Muzaffarpur on every Sunday of
each month. Failure to do so, will result in
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cancellation of bail bonds of the petitioners.
(iii). Both the bailors will be close
blood relative of the petitioners.
(iv). At the time of accepting the
bail bonds of the petitioners, the Court
below shall verify the fact whether the
petitioners have clean antecedent or not. If it
is found that the petitioners have clean
antecedent then only their bail bonds shall
be accepted by the Court below. However, it
is made clear that 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.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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