Patna High Court
Ramesh Kumar @ Ramesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to a bond of Rs 10,000 and specified conditions.
Summary
The petitioner, Ramesh Kumar, was arrested on 26 February 2026 for possession of 1.260 litres of illegal foreign liquor seized from his house, alleged to violate Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He applied for bail, claiming innocence and arguing that the FIR failed to comply with Section 100 of the Criminal Procedure Code. The State opposed bail, highlighting the recovery of liquor from the petitioner’s premises and his three prior criminal antecedents, though noting he was already on bail in related matters. The Court examined the facts, the procedural lapse alleged, and the petitioner’s antecedents, and decided to grant bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed the lower Excise Special Judge to release the petitioner upon compliance with the stipulated conditions.
Issues considered
- Whether the alleged non‑compliance of Section 100 of the Criminal Procedure Code warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents and the nature of the offence justify refusal of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 100, 103
Subjects
- bail
- excise
- illegal liquor
- Section 30
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20433 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- Excise Dumraon District- Buxar
======================================================
Ramesh Kumar @ Ramesh Kumar Singh S/o- Late Shyam Bihari Singh
Resident of village- Nawanagar PS-Nawanagar District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mohit Shriwastava, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 26-03-2026 Heard Mr. Mohit Shriwastava, learned counsel for
the petitioner and Mr. Humayou Ahmad Khan, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
26.02.2026 in connection with Excise Dumraon P.S. Case No.
16 of 2026, F.I.R. dated 25.02.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act,
2018.
3. Recovery is of 1.260 liters of illegal foreign liquor
from the house of the petitioner.
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 from bare perusal of the
FIR it appears that there is non-compliance of Section 100 of
Patna High Court CR. MISC. No.20433 of 2026(2) dt.26-03-2026
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Cr.P.C/103 of BNSS and the petitioner is in custody since
26.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that recovery has been made from the
house of the petitioner and apart from that petitioner carries
three criminal antecedents other than the present one of similar
nature but fairly submits on the basis of paragraph-3 of the bail
application that the petitioner is on bail in the said matters.
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 Exclusive
Excise Special Judge, Excise Court No.2, Buxar in connection
with Excise Dumraon P.S. Case No. 16 of 2026, 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
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
Patna High Court CR. MISC. No.20433 of 2026(2) dt.26-03-2026
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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)
Suruchi/-
U T
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