Patna High Court
Rambabu Sah @ Rambabu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Rambabu Sah, arrested on 10 February 2025, was charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly dealing in 22,400 litres of illicit liquor seized in Mirganj. The petitioner contended that the liquor was recovered from a co‑accused, Lal Bahadur Kumar, who claimed he bought it from the petitioner, and that no material was found in the petitioner’s conscious possession. The prosecution opposed bail, citing ten prior criminal antecedents, though the petitioner was already on bail in seven cases and had three pending. The court noted the lack of direct evidence against the petitioner and the non‑compliance of Sections 103 and 105 of the BNSS, 2023, and consequently ordered his release on bail with a Rs.10,000 bond and two sureties, subject to conditions regarding cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents without delaying the release.
Issues considered
- Whether bail should be granted in the absence of material recovered from the petitioner’s possession.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- procedural non‑compliance
- Section 103
- Section 105
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22381 of 2026
Arising Out of PS. Case No.-393 Year-2023 Thana- MIRGANJ District- Gopalganj
======================================================
Rambabu Sah @ Rambabu Kumar Son of Shivji Prasad @ Shivjee Sah R/o
Village - Lakri Dargah, P.S.- Barhariya, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepankar Raj, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr. Deepankar Raj, learned counsel for the
petitioner and Mr. Ajit Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
10.02.2025 in connection with Mirganj P.S. Case No. 393 of
2023, F.I.R. dated 18.10.2023 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. Recovery is of 22.400 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. He 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 has
been made from co-accused, namely, Lal Bahadur Kumar who
Patna High Court CR. MISC. No.22381 of 2026(2) dt.07-04-2026
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disclosed that he purchased the said liquor from the petitioner.
He further submits that except the aforesaid, no other cogent
material has come during investigation which suggest the
involvement of the petitioner in the present occurrence. It
appears from the seizure list that there is non-compliance of
Section 103/105 of the BNSS, 2023. The petitioner is in custody
since 10.02.2025.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries ten criminal antecedents other
than the present one but fairly submits that he is on bail in seven
cases and rest three cases are pending for consideration before
the competent court of law.
6. Considering the aforesaid facts and circumstances
that nothing has been recovered from the conscious possession
of the petitioner, on the basis of disclosure made by the co-
accused the name of the petitioner has been transpired in the
present case 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 District & Additional Sessions Judge-IV-cum-
Patna High Court CR. MISC. No.22381 of 2026(2) dt.07-04-2026
3/3
Exclusive Special Excise Court-II, Gopalganj in connection
with Mirganj P.S. Case No. 393 of 2023 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
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
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