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Patna High Court

Harendra RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
            Patna High Court CR. MISC. No.19827 of 2026(2) dt.31-03-2026
                                                        3/3




                                              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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