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Patna High Court

Ramdayal Prasad @ Ramdayal BinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to a bond and sureties, as no liquor was found in his personal or conscious possession.

Summary

The petitioner, Ramdayal Prasad, sought anticipatory bail after a FIR under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022 alleged that 15 litres of country-made liquor were recovered from a scooty belonging to co‑accused Dharmendra Prasad. The petitioner contended that his name appeared only because of a statement by the co‑accused and that he neither owned the scooty nor had any possession of the liquor, and he has no criminal record. The State opposed the bail, relying on the FIR allegations. The Court, after considering that no liquor was found in the petitioner’s personal or conscious possession, granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs the petitioner to surrender within four weeks if arrested.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 of the Criminal Procedure Code in view of the allegations under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022.
  • Whether the petitioner’s alleged involvement, based solely on a co‑accused’s statement, warrants denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • section 438 CrPC
  • section 30(a) Bihar Prohibition Act
  • liquor seizure
  • co‑accused statement
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25909 of 2026
                     Arising Out of PS. Case No.-326 Year-2024 Thana- JAMOBAZAR District- Siwan
                 ======================================================
                 Ramdayal Prasad @ Ramdayal Bin son of Suraj Prasad Resident of Village-
                 Chhota Jagdishpur, Ps- Jamo Bazar, Dist- Siwan

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mani Bhushan Kumar Singh, Advocate
                 For the Opposite Party/s :      Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   24-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Prohibition & Excise Amendment Act, 2022.

                                3. The allegation in the First Information Report is

                   that 15 litres country made liquor has been recovered from the

                   dicky of the Scooty of one Dharmendra Prasad.

                                4. Learned counsel for the petitioner submits that the

                   name of the petitioner transpired upon the statement of co-

                   accused, Dharmendra Prasad, who was apprehended. The

                   petitioner is neither the owner of the Scooty nor has any concern

                   with the seized liquor. There is no recovery from personal or

                   conscious possession of the petitioner. It is submitted that the
            Patna High Court CR. MISC. No.25909 of 2026(2) dt.24-04-2026
                                                        2/2




                      name of the petitioner is taken due to land dispute. The

                      petitioner has no criminal antecedent.

                                   5. Learned APP for the State opposed the prayer for

                      anticipatory bail on the basis of allegations made in the First

                      Information Report.

                                   6.    Taking      into     consideration   the   facts   and

                      circumstances and considering the fact that there is no recovery

                      from personal or conscious possession of the petitioner, let the

                      above named petitioner, be released on bail, in the event of his

                      arrest or surrender before the learned Court below within a

                      period of four weeks from today, 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 Court below

                      where the case is pending/successor Court in connection with

                      Jamo Bazar P.S. Case No. 326 of 2024, subject to the condition

                      as laid down under Section 438 (2) of the Cr.P.C/ Section 482

                      (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.



                                                (Soni Shrivastava, J)
anand/-
U       T


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