Patna High Court

Durg Ram @ Durga RamversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioners subject to bond and surety conditions.

Summary

The petitioners, Durg Ram and Bhanwar Lal, were arrested after 1,188 litres of foreign liquor were seized from a pick‑up vehicle in Dobhi, Gaya. They applied for bail, claiming they were merely the driver and co‑driver and had no knowledge of the contraband, and that no incriminating material was found in their possession. The State opposed the bail, citing offences under Sections 30(a), 32(i), 32(ii), 36 and 41(i)(ii) of the Bihar Prohibition and Excise Act and alleged non‑compliance with Section 103 of the BNSS, 2023. The court noted the petitioners' clean criminal record, the length of their pre‑trial custody since 13‑10‑2025, and the lack of direct evidence against them. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular court appearances.

Issues considered

Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act for alleged possession of foreign liquor
Whether the requirements of Section 103 of the BNSS, 2023 have been satisfied
Whether the petitioners' custody period and clean antecedents justify the grant of bail

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
foreign liquor
Section 103 BNSS
clean antecedents
driver
co‑driver
pre‑trial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2048 of 2026
                          Arising Out of PS. Case No.-270 Year-2025 Thana- DOBHI District- Gaya
                 ======================================================
           1.     Durg Ram @ Durga Ram Son of Mota Ram @ Moda Ram Resident of
                  Village - Ratasar, Chokhala, P.S.- Nagana, District - Barmer (Rajasthan).
           2.     Bhanwar Lal Son of Mohan Lal Resident of Village - Ratasar, Chokhala,
                  P.S.- Nagana, District - Barmer (Rajasthan).
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anirudh Kumar Sinha, Adv.
                 For the Opposite Party/s :        Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   19-01-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                            2. The petitioners seek bail in connection with Dobhi PS

                   Case No. 270 of 2025 instituted for the offences under Section

                   30(a), 32(i), 32(ii), 36, 41(i)(ii) of the Bihar Prohibition and Excise

                   Act.

                            3. The prosecution case, in short, is that 1188 liters of

                   foreign liquor was recovered from the pick-up vehicle and the

                   petitioner was arrested on the spot.

                            4. Learned counsel for the petitioners submit that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have

                   got no concern with the alleged recovery of liquor. Learned
           Patna High Court CR. MISC. No.2048 of 2026(2) dt.19-01-2026
                                                       2/2




                     counsel for the petitioners submit that the petitioners are the driver

                     and co-driver and they have no knowledge regarding the nature of

                     goods kept in the vehicle. The petitioners are in custody since

                     13.10.2025 and have got clean criminal antecedents. There is no

                     compliance of Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. for the State has vehemently opposed the

                     prayer for grant of bail to the petitioners.

                             6. Considering the aforesaid facts and circumstances of the

                     case and the period of custody undergone by the petitioners, this

                     Court is inclined to grant bail to the petitioners.

                             7. Let the petitioners be released on bail on furnishing bail

                     bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Dobhi PS Case No. 270 of 2025, subject

                     to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioners.

                             (II) The petitioners shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioners.

                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-
U      T

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