Patna High Court
Bhageran RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail must be granted as there is no material recovered from the petitioners’ conscious possession and they have a clean antecedent.
Summary
The petitioners, three residents of Dayal Chak, were arrested on 21 February 2026 in connection with an FIR dated 20 February 2026 alleging offences under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Amendment Act for the alleged recovery of 240 litres of country‑made Mahua wine from the bank of the Ganga. The petitioners contended that the FIR was false, they had no conscious possession of the liquor, and they possessed a clean antecedent, arguing that the case was based merely on suspicion. The State opposed bail. The Court examined the lack of material recovered from the petitioners’ possession and their clean record, and consequently ordered that bail be granted on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedent. The bail order was directed to the Exclusive Special Excise Court, Bhojpur, Ara.
Issues considered
- Whether bail should be granted to the accused in a case under the Bihar Prohibition and Excise Amendment Act where no liquor was recovered from their conscious possession.
- Whether the FIR alleging the offence is false and the accusation is based solely on suspicion.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 30(d)
Subjects
- bail
- prohibition law
- excise
- Mahua wine
- false FIR
- suspicion
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22530 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- BABURA District- Bhojpur
======================================================
1. Bhageran Ram Son of Late Lakhan Ram
2. Naresh Mahto Son of Late Jhapsi Mahto
3. Surendra Mahto Son of Late Tahal Mahto
All are Resident of village- Dayal Chak Police station - Doriganj District -
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar, Advocate
For the Opposite Party/s : Mr.Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr.Uday Kumar, learned counsel for the
petitioners and Mr.Ajay Kumar No. 2, learned A.P.P. for the
State.
2. The petitioners seek bail, who are in custody since
21.02.2026 in connection with Babura P.S.Case No.21 of 2026,
F.I.R. dated 20.02.2026 registered for the offence punishable
under Section 30(a) and 30(d) of Bihar Prohibition and Excise
Amendment Act.
3. Recovery is of 240 liters of country made Mahua
wine.
4. Learned counsel appearing for the petitioners
submits that the petitioners have clean antecedent. The
Patna High Court CR. MISC. No.22530 of 2026(2) dt.07-04-2026
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allegation as alleged in the FIR is false and fabricated and the
petitioners have not committed any offence as alleged in the FIR
and the petitioners have been made accused in the present case
merely on the basis of suspicion and it appears from the FIR
itself that nothing has been recovered from conscious possession
of the petitioners rather the recovery has been made from the
bank of the Ganga and petitioners have no concern at all with
the alleged recovery of illicit liquor and the petitioners are in
custody since 21.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioners.
6. Considering the aforesaid fact, petitioners have
clean antecedent, nothing has been recovered from conscious
possession of the petitioners and petitioners have been made
accused in the present case merely on the basis of suspicion, let
the petitioners, above named, be released on bail on furnishing
bail bond of Rs.10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of learned Exclusive
Special Excise Court 1st Bhojpur, Ara in connection with
Babura P.S.Case No.21 of 2026,with the following conditions:-
(I) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.22530 of 2026(2) dt.07-04-2026
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and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper 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 petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Nitesh/-
U T
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