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Patna High Court

Chandrika RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and attendance conditions.

Summary

The petitioner, Chandrika Ram, was arrested in connection with Simari Police Station Case No. 32 of 2026 under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 7 litres of illicit mahua wine. He contended that he was innocent, that no incriminating article was found in his possession, and that he had no involvement in the alleged recovery. He had been in custody since 11 February 2026 and sought regular bail. The State opposed the bail application. The Court, after considering the facts, the period of custody, and the lack of direct evidence against the petitioner, allowed the bail application. Bail was granted on a bond of Rs. 10,000 with two sureties and the condition that the petitioner attend Simari Police Station every Sunday, failing which the bond would be cancelled.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner poses a flight risk or risk of tampering with evidence warranting continued custody.

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • Section 30
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.26120 of 2026
                          Arising Out of PS. Case No.-32 Year-2026 Thana- SIMRI District- Buxar
                 ======================================================
                 Chandrika Ram Son of Late Hari Mohan Ram Resident of Village- Balihar
                 (South Tola), P.S.- Simari, District- Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :        Mr. Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   21-04-2026                    Heard learned counsel for the parties.

                                2. The petitioner seeks regular bail in connection with

                   Simari P.S. Case No. 32 of 2026, registered under Section 30(a)

                   of the Bihar Prohibition and Excise Act.

                                3. Recovery is of 7 litres of illicit mahua wine.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. No

                   incriminating article has been recovered from the possession of

                   the petitioner. The petitioner has no concern with the alleged

                   recovery. The petitioner is in custody since 11.02.2026.

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

                   for bail.

                                6. Considering the facts and circumstances of the case

                   and period of custody, this bail application is allowed.
            Patna High Court CR. MISC. No.26120 of 2026(2) dt.21-04-2026
                                                        2/2




                                   7. Let the petitioner above named, be granted bail on

                      furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand

                      Only) with two sureties of the like amount each to the

                      satisfaction of learned Court concerned where the case is

                      pending/successor court in connection with Simari P.S. Case

                      No. 32 of 2026, subject to the condition that:

                                                         (i). The petitioner shall mark his
                                                         attendance at Simari Police Station
                                                         on every Sunday of each month. In
                                                         the event of default, the bail bonds
                                                         shall be liable to be cancelled.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.


                                                     (Sandeep Kumar, J)

Ranjeet/-

U      T


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