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Patna High Court

Dharma Ram @ MontiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner subject to a bond and surety conditions.

Summary

The petitioner, Dharma Ram @ Monti, was charged under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act for allegedly transporting 8,816.76 litres of illicit foreign liquor in a truck. He contended that he was neither the driver nor the owner of the vehicle and that a co‑accused’s confessional statement merely indicated that the petitioner had handed over the truck, with no other material linking him to the offence. The State opposed bail, citing a prior similar offence in Gujarat. After hearing both sides, the Court found the lack of direct evidence and the petitioner’s claim of innocence sufficient to grant regular bail, subject to a bond of Rs.10,000 with two sureties, one of whom must be a local resident, and directed the trial court to verify any criminal antecedent before accepting the bond. The bail was therefore ordered.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s prior criminal antecedent in a similar case should preclude the grant of bail.
  • Whether the absence of direct evidence linking the petitioner as driver or owner justifies the release on bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal antecedent
  • confessional statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24394 of 2026
                    Arising Out of PS. Case No.-55 Year-2026 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Dharma Ram @ Monti S/o Chandana Ram @ Channa Ram R/o Village -
                 Adarsh Undkha, P.S - Sadar Badmer, District - Badmer, State - Rajasthan

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Eashita Raj, Advocate
                 For the Opposite Party/s :       Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   23-06-2026                   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), 32(2)

                   and 41(1) of the Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short is that from a

                   truck, altogether 8816.76 liters of illicit foreign liquor was

                   recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has been

                   falsely implicated in this case. Learned counsel for the petitioner

                   has submitted that petitioner is neither the driver nor the owner of

                   the said truck. Co-accused has given his confessional statement to

                   the effect that the petitioner has handed over the truck to him.

                   Nothing has been recovered from his possession. Save and except
             Patna High Court CR. MISC. No.24394 of 2026(3) dt.23-06-2026
                                                         2/2




                       the confessional statement of the co-accused, there is nothing

                       against him. Moreover, he is languishing in judicial custody since

                       06.02.2026.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the prayer of regular bail and has submitted that petitioner

                       is having criminal antecedent of one case of similar nature in

                       Gujrat.

                                    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

                       Kuchaikote P.S. Case No. 55of 2026 on furnishing bail bond of

                       Rs.10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned District and Additional Sessions

                       Judge IV-cum-Exclusive Special Excise Court-II, Gopalganj with

                       the condition that one of the bailors should be local person.

                                    7. Learned trial Court is directed to verify the criminal

                       antecedent of the petitioner before accepting his bail bond.



                                                                  (Ashok Kumar Pandey, J)
lata/-
U        T


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