Patna High Court
Ramu PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Ramu Prasad, who was driving a tempo, was arrested after police recovered 173.2 litres of country liquor from a secret compartment in the vehicle. He filed an application for regular bail under section 30(a) of the Bihar Prohibition and Excise Act, 2016, claiming he was falsely implicated, not the owner, and had no criminal antecedents. The prosecution opposed bail, emphasizing the large quantity of liquor seized and the petitioner’s role as driver at the time of arrest. The Patna High Court, after hearing both sides, declined to grant bail, noting the seriousness of the seizure and the petitioner’s involvement. The court, however, permitted the petitioner to file a fresh bail application after six months.
Issues considered
- Whether the driver of a vehicle in which a large quantity of illicit liquor was found can be granted regular bail under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- section 30(a)
- illicit liquor
- driver
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23373 of 2026
Arising Out of PS. Case No.-632 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Ramu Prasad S/o Hira Prasad R/o Village - Sakin Baluwan, P.S - Shrirampur
Mathiya, District - Deoria (U.P)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vyas Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bhore P.S. Case no. 632
of 2025 registered under section 30(a) of the Bihar Prohibition
and Excise Act, 2016.
3. As per the prosecution case, 173.2 litres of country
liquor was recovered from a secret compartment made in the
tempo of which the petitioner was the driver. The petitioner was
arrested on the spot.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. He is not the owner
of the vehicle. No incriminating article has been recovered from his
possession or the tempo. He is in custody since 25.12.2025 and has
no criminal antecedent. Chargesheet has been submitted in the case.
Patna High Court CR. MISC. No.23373 of 2026(2) dt.08-04-2026
2/2
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the recovery of 173.2 litres of country
liquor from a secret compartment made in the tempo of which
the petitioner was the driver and was arrested at the spot, the
Court is not inclined to enlarge the petitioner on bail and the
application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after six months.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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