Patna High Court
Bishudev Ram @ Vishudev RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Bishudev Ram, was arrested on 31 January 2026 in connection with an excise case involving the seizure of 675 litres of illicit liquor from a tempo. He filed a bail petition, contending that no liquor was recovered from his conscious possession and that the investigation violated Sections 103 and 105 of the Bihar Narcotic/Excise (BNSS) Act, 2023. The prosecution opposed bail, pointing to the recovery from the tempo and the petitioner’s prior criminal antecedent. The court examined the procedural lapse and the lack of direct possession, and concluded that these factors warranted the grant of bail. Accordingly, the court ordered bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of any concealed criminal antecedent.
Issues considered
- Whether bail should be granted when the seized illicit liquor was not found in the petitioner’s conscious possession.
- Whether non‑compliance with Sections 103/105 of the BNSS, 2023 justifies bail.
- Whether the petitioner’s prior criminal antecedent precludes bail.
Subjects
- bail
- excise
- illicit liquor
- procedural non‑compliance
- criminal antecedent
- Bihar Prohibition and Excise Act
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20920 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Bishudev Ram @ Vishudev Ram Son of Sobhir Ram Resident of Village-
Phulkahi, Ward No. 14, P.S.- Phulparas, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Prerna, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-03-2026 Heard Ms. Prerna, learned counsel for the petitioner
and Mr. Khurshid Anwar, learned Additional Public Prosecutor
for the State.
2. Petitioner seeks bail who is in custody since
31.01.2026 in connection with G.O. No. 143 of 2026 arising out
of Excise Jhanjharpur P.S. Case No. 23 of 2026, F.I.R. dated
30.01.2026 for the offences punishable under Sections 30(a),
32(1) and 32(3) of the Bihar Prohibition and Excise
(Amendment) Act, 2018.
3. Recovery is of 675 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. She further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery of 675
Patna High Court CR. MISC. No.20920 of 2026(2) dt.30-03-2026
2/3
liters of illicit liquor has been made from the tempo in question.
There is non-compliance of section 103/105 of the BNSS, 2023.
She further submits that the seizure list witnesses were the
police personnel. The petitioner is in custody since 31.01.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the recovery has been made from the tempo in
question and apart from that the petitioner carries one criminal
antecedent other than the present one.
6. Considering the aforesaid facts and circumstances
that nothing has been recovered from the conscious possession
of the petitioner and there is non-compliance of Section 103/105
of the BNSS, 2023, 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 Special Judge (Excise), Jhanjharpur Madhubani in
connection with G.O. No. 143 of 2026 arising out of Excise
Jhanjharpur P.S. Case No. 23 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
Patna High Court CR. MISC. No.20920 of 2026(2) dt.30-03-2026
3/3
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
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)
Vanisha/-
U T
Checking your session…