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Patna High Court

Ravindra Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner.

Summary

The petitioner, Ravindra Kumar Ram, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 0.6 litres of country‑made liquor recovered in a polythene bag. He contended that he was falsely implicated, that no incriminating material was found in his possession, and that his prior criminal antecedents should not preclude bail. The State opposed the bail, arguing the seriousness of the offence. The Court noted the petitioner had been in custody since 13‑12‑2025, that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and considered the overall circumstances. Accordingly, the Court granted bail on a bond of Rs 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, custody period, and prior criminal antecedents.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Subjects

  • bail
  • excise
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2541 of 2026
                       Arising Out of PS. Case No.-517 Year-2025 Thana- Excise P.S. District- Buxar
                 ======================================================
                 Ravindra Kumar Ram S/o Late Baleshwar Ram Resident of village-Mathiya
                 Muhalla, Police Station-Buxar Town, District-Buxar.
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Manish Rai Sharma, Advocate
                 For the Opposite Party/s :        Mr.Abhay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Buxar

                   Excise P.S. Case No. 517 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 0.6 liters of

                   country made liquor was recovered from polythene bag.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case.       No incriminating material has been recovered

                   from the conscious possession of the petitioner. The petitioner

                   has got no concern with the alleged recovery of liquor. The

                   petitioner has been made accused in this case due to previous
           Patna High Court CR. MISC. No.2541 of 2026(2) dt.19-01-2026
                                                       2/2




                     antecedent. The petitioner is in custody since 13.12.2025 and

                     has got two criminal antecedents. There is no compliance of

                     Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Buxar Excise P.S.

                     Case No. 517 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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