Patna High Court
Ramu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Ramu Ram, was arrested in connection with the alleged recovery of 160 litres of country-made liquor from an abandoned house, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was not in his conscious possession, that the search and seizure violated Sections 103 and 105 of the B.N.S.S., and that he had no prior criminal record. The State opposed his bail application. After considering the submissions, the Court granted bail on a cash bond of Rs.10,000 with two sureties, imposing conditions regarding cooperation with the trial, surety relations, affidavit obligations, and non‑tampering with evidence or witnesses. The bail was ordered to be released to the satisfaction of the Exclusive Special Judge, Excise, Barh. The order reflects the Court’s assessment that the petitioner’s continued detention was not justified pending trial.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the search and seizure conducted under Sections 103/105 of the B.N.S.S. were lawful.
- Whether the petitioner’s alleged lack of conscious possession negates the charge.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- search and seizure
- procedural violation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24117 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- BAKHTIYARPUR District- Patna
======================================================
Ramu Ram S/O Late Kundan Ram R/O Vill-Bakhtiyarpur, Ward no 11, P.S-
Bakhtiyarpur, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Adv.
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Bakhtiyarpur P.S. Case No. 50 of 2026 dated 24.01.2026
registered for the offence punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The allegation is of recovery of 160 litres
country made liquor from an abandoned dilapidated house
where the petitioner has been arrested.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that nothing has been recovered
from conscious possession of the petitioner, rather, the said
Patna High Court CR. MISC. No.24117 of 2026(2) dt.16-04-2026
2/3
recovery was made from an abandoned dilapidated house.
The petitioner has no concern with the said house. It is
further submitted that the search and seizure has been
prepared in violation of Section 103/105 of the B.N.S.S..
The petitioner is in custody since 25.01.2026, having no
criminal antecedent and charge-sheet has been submitted in
the case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Judge, Excise, Barh, District-Patna in
connection with Bakhtiyarpur P.S. Case No. 50 of 2026,
subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by
the Court and on his absence on two consecutive dates
without sufficient reason, his bail bond shall be cancelled
by the Court below.
Patna High Court CR. MISC. No.24117 of 2026(2) dt.16-04-2026
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2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is made
accused in any other case of similar nature after his
release in the present case and thereafter the court below
will be at liberty to initiate the proceeding for cancellation
of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(Khatim Reza, J)
prabhat/-
U T
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