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Patna High Court

Ramesh Kumar @ Ramesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                       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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