Patna High Court

Sriram Rajwar @ Shree RamversusThe State of Bihar

Decided: 22 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court held that bail should be granted to the petitioner subject to conditions.

Summary

The petitioner, Sriram Rajwar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 200 litres of illicit liquor and a motorcycle used to transport it. The prosecution’s evidence consisted mainly of a recovery of the liquor and vehicle and a statement from a local chowkidar that the petitioner fled the scene with co‑accused. The petitioner denied ownership or control of the seized items, asserted innocence, and offered to cooperate with the investigation, noting only one prior excise case among three criminal antecedents. The State opposed bail, but the court considered the lack of material against the petitioner’s conscious possession and his willingness to cooperate. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the evidence on record establishes sufficient grounds to deny bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

bail
excise law
illicit liquor
Section 30(a)
criminal procedure
Section 482(2)
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26077 of 2026
                      Arising Out of PS. Case No.-322 Year-2025 Thana- TILAUTHU District- Rohtas
                 ======================================================
                 Sriram Rajwar @ Shree Ram S/o Late Ramdeni Rajwar @ Ramdeni Ram
                 Resident of village - Koidih P.S - Tilauthu, District - Rohtas, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ujjwal Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   22-04-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2. The petitioner apprehends arrest in a case

                   registered under Sections 30(a) of Bihar Prohibition and Excise

                   Act.

                                    3. As per prosecution case, 200 liters illicit liquor

                   kept in sack and one motorcycle bearing Reg. No. BR26-B-

                   0870 in which some sack were tied, were recovered from place

                   of occurrence. Local chowkidar disclosed that petitioner along

                   with two other co-accused persons fled away from the spot.

                                      4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case. Further submission is that

                   petitioner is neither the owner nor the driver of the seized
Patna High Court CR. MISC. No.26077 of 2026(2) dt.22-04-2026
                                            2/3




          vehicle and he has no concern with the seized liquor. Nothing

          has been recovered from the conscious possession of the

          petitioner. Except the disclosure statement of local chowkidar,

          there is nothing material against the petitioner. Although,

          petitioner has got three criminal antecedents but only one case

          belongs to Excise Act. Petitioner undertakes to cooperate in the

          investigation and trial.

                       5. Learned A.P.P. for the State opposed the prayer for

          bail.

                       6. Considering the aforesaid facts and circumstances

          of the case and submissions of learned counsel for the parties,

          let the above named petitioner be released on bail, in the event

          of arrest or surrender before the Court concerned within a period

          of six 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 learned Exclusive Special Judge,

          Excise-2, Sasaram, Rohtas in connection with Tilauthu P.S. Case

          No. 322 of 2025, subject to the conditions as laid down under

          Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023

          with further condition:-

                       (i) Petitioner shall co-operate in the investigation and

          trial and shall remain present on each and every date during trial
            Patna High Court CR. MISC. No.26077 of 2026(2) dt.22-04-2026
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                      and in his absence on two consecutive dates, the trial court is at

                      liberty to cancel his bail bond.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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