Patna High Court
Ram Kumar Yadav @ Ram KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner on a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Ram Kumar Yadav, a driver, was arrested in connection with the seizure of 105.90 liters of illicit foreign liquor from a car, alleged under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, no possession, and no prior criminal record, having been in judicial custody since 9 March 2026. The State opposed his regular bail application. After hearing both sides, the Patna High Court considered the facts, the petitioner’s innocence claim, and his lack of antecedents. The court decided to enlarge regular bail, directing his release on a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether regular bail can be granted to the driver accused under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act
- Whether the petitioner’s lack of possession and criminal antecedent justify granting bail
Subjects
- regular bail
- excise law
- illicit liquor
- driver liability
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23055 of 2026
Arising Out of PS. Case No.-279 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
Ram Kumar Yadav @ Ram Kumar S/o Kanhaiya Yadav R/o Village - Dadda,
Ward No. 05, P.S- Rosra, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 30(a) and
32(3) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a car,
altogether 105.90 liters of illicit foreign liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. Learned counsel
has submitted that petitioner is merely a driver of the car and he
was unaware of the illicit liquor. The witnesses of the seizure
list are police personnel and police has not complied Section
Patna High Court CR. MISC. No.23055 of 2026(2) dt.08-04-2026
2/2
105 of BNSS while preparing seizure list. A statement has been
made in para-3 of this petition that the petitioner has got no
criminal antecedent. Moreover, he is languishing in judicial
custody since 09.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Madhya Nisedh P.S. Case No. 279 of 2026 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge Excise Court-II, Kishanganj.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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