Patna High Court
Dharma Ram @ MontiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act — s. 30(a), 32(2), 41(1)
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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