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Patna High Court

Ram Kumar Yadav @ Ram KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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