Patna High Court
Rajan RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted because the seizure was not made from the petitioner’s possession and procedural lapses under Section 105 of the BNSS were evident.
Summary
Rajan Ram was arrested in connection with Excise PS‑Bhabhua Case No.116 of 2026 for allegedly possessing 190.8 litres of illicit foreign liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. He applied for bail, contending that the liquor was recovered from an open place and not from his possession, and that the police had not complied with Section 105 of the BNSS while making the seizure. He further submitted that he has no prior criminal record and has been in judicial custody since 2 March 2026. The State opposed the bail application. After hearing both sides, the court found merit in the petitioner’s arguments and ordered that he be released on bail upon furnishing a Rs 10,000 bond with two sureties.
Issues considered
- Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the seizure of the alleged liquor complied with the procedural requirements of Section 105 of the BNSS.
- Whether the petitioner’s lack of criminal antecedent and period of judicial custody justify the grant of bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- excise law
- illicit liquor
- seizure procedure
- Section 30
- Section 105
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24779 of 2026
Arising Out of PS. Case No.-116 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Rajan Ram S/o Late Munni Ram R/o Village - Ambedkar Nagar, Ward no. 14,
P.S. - Bhabhua, Dist. - Kaimur at Bhabhua.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Excise Bhabhua P.S. Case No.116 of 2026 registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act.
3. The case of the prosecution, in short, is that behind
the heap of bricks altogether 190.8 liters of illicit foreign liquor
was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. Learned counsel has further
submitted that the recovery has been made from an open place.
It has further been submitted that the witnesses of the seizure
Patna High Court CR. MISC. No.24779 of 2026(2) dt.16-04-2026
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list are police personnel and police have not complied Section
105 of the BNSS while making seizure. Learned counsel for the
petitioner has submitted that the petitioner is having no criminal
antecedent and he is in judicial custody since 02.03.2026.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Exclusive Special Judge Excise No.-II, Kaimur at Bhabhua in
connection with Excise Bhabhua P.S. Case No.116 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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