Patna High Court
Vimal Ram @ Vimal Kumar @ Vimal Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
Given the absence of prior convictions under the Bihar Prohibition and Excise Act and the lack of incriminating material in the petitioner’s possession, the court granted anticipatory bail subject to a bail bond and sureties.
Summary
Vimal Ram applied for anticipatory bail fearing arrest in a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016, where 11.6 litres of country liquor were allegedly recovered from his house. The prosecution alleged possession of liquor, but the petitioner contended that no incriminating article was found on him or at his residence and that he has no prior record under the Act. The State opposed the bail. The court considered the allegations, the petitioner’s clean antecedent, and his undertaking to cooperate with the investigation. It ordered that, if arrested or surrendered within four weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount. The order was directed to the Exclusive Excise Special Court, Buxar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, 2016 in view of the alleged recovery of liquor and his clean record.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- bail bond
- criminal procedure
- no prior conviction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24920 of 2026
Arising Out of PS. Case No.-70 Year-2026 Thana- RAJPUR District- Buxar
======================================================
Vimal Ram @ Vimal Kumar @ Vimal Kumar Ram S/O Prashant Ram @ Seth
Ram R/O Village- Baghelwa, P.S- Rajpur, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
Ms. Manisha Kumari, Advocate
Mr. Nitee Ranjan, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 22-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Rajpur P.S. Case no. 70 of 2026, registered under section
30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, 11.6 litres of country
liquor was recovered from the house of the petitioner while the
petitioner managed to escape.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession or from his house as alleged in the FIR. The
petitioner has no criminal antecedent and undertakes to
cooperate in the investigation.
Patna High Court CR. MISC. No.24920 of 2026(2) dt.22-04-2026
2/2
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R. together with the petitioner not having any antecedent
under the Bihar Prohibition and Excise Act, 2016, it is directed
that the petitioner above named, in the event of his arrest or
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with
Rajpur P.S. Case no. 70 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 Exclusive Excise
Special Court no.1, Buxar.
(Partha Sarthy, J)
Shiv/-
U T
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