Patna High Court
Raj Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court ordered that bail be granted on a bond of Rs 10,000 with two sureties, subject to the satisfaction of the 1st Exclusive Special Excise Court, Saran.
Summary
The petitioner, Raj Kumar Ram, was arrested after a search recovered ten litres of country liquor allegedly in his possession while riding a motorcycle. He filed an application for regular bail under the Bihar Prohibition and Excise Act, 2016, asserting that he was falsely implicated and that no incriminating article was found on him. The prosecution opposed the bail application. The court examined the allegations, the fact that the petitioner had been in custody since 29‑01‑2026, and his willingness to cooperate with the investigation. It directed that bail be granted upon furnishing a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the 1st Exclusive Special Excise Court, Saran. The order reflects the principle that bail may be granted in non‑serious offences when the accused is not a flight risk.
Issues considered
- Whether regular bail should be granted to the accused under section 30(a) of the Bihar Prohibition and Excise Act, 2016
- Whether the circumstances of the case, including custody since 29‑01‑2026 and alleged possession of liquor, justify denial of bail
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- section 30(a)
- possession of liquor
- excise law
- criminal procedure
- bail bond
- sureties
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23874 of 2026
Arising Out of PS. Case No.-67 Year-2026 Thana- BANIAPUR District- Saran
======================================================
Raj Kumar Ram Son of Late Ramnath Ram R/O Village- Nandlal Tola,
Pithauri, P.S.- Baniyapur, District- Saran, Bihar-841443
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Anuj, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Baniyapur P.S. Case
no.67 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, on a search being
conducted, 10 litres of country liquor was recovered from the
possession of the petitioner who was on a motorcycle.
4. Learned counsel for the petitioner submits that
no incriminating article has been recovered from the petitioner’s
possession who has been falsely implicated in the case because
of his antecedents. He is in custody since 29.1.2026 and
undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned A.P.P.
Patna High Court CR. MISC. No.23874 of 2026(2) dt.16-04-2026
2/2
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR together with the petitioner having remained in custody
since 29.1.2026, the Court directs the petitioner to be enlarged
on bail in connection with Baniyapur P.S. Case no.67 of 2026 on
furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned 1st Exclusive Special Excise Court, Saran at Chapra.
(Partha Sarthy, J)
Saurabh/-
U T
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