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Patna High Court

Ramesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Ramesh Kumar, was arrested in connection with the alleged seizure of 80 litres of country‑made liquor on Katiya Narayanpur Road and charged under Section 30(a) of the Bihar Prohibition and Excise Act (Amendment). The prosecution’s case relied on the recovery of the liquor from the spot, but none was found in the petitioner’s possession and the seizure was allegedly made without complying with Section 105 of the B.N.S.S. The petitioner claimed innocence, had no prior criminal record, and had been in judicial custody since 24‑02‑2026. The State opposed the bail application. After hearing both sides, the Court considered the lack of direct evidence against the petitioner and the procedural lapse, and ordered that he be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act (Amendment) given the absence of seized liquor from his possession and alleged non‑compliance with Section 105 of the B.N.S.S.
  • Whether the petitioner’s clean antecedent and custodial period justify bail despite the seriousness of the offence.

Legislation cited

Subjects

  • bail
  • regular bail
  • prohibition law
  • excise
  • illegal liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • procedural lapse
  • Section 105
  • B.N.S.S.
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26797 of 2026
                   Arising Out of PS. Case No.-92 Year-2026 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
                 Ramesh Kumar S/O Rajaram Yadav R/O Tipura,P.S- Bihiya,Dist- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shiv Prasad Gupta, Advocate
                 For the Opposite Party/s :      Mr.Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

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

                   Bihar Prohibition and Excise Act (Amendment).

                                3. The case of the prosecution, in short, is that from

                   Katiya Narayanpur Road, altogether 80 liters of country made

                   liquor was recovered. It is alleged that two persons were coming

                   on a bike and they have thrown a sack which contained this

                   liquor. Petitioner was apprehended on the spot.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Nothing has been recovered from his possession. The
             Patna High Court CR. MISC. No.26797 of 2026(2) dt.22-04-2026
                                                         2/2




                       seizure list witnesses are police personnel. Police has not

                       complied Section 105 of the B.N.S.S. while making the seizure.

                       Petitioner is having no criminal antecedent and he is languishing

                       in judicial custody since 24.02.2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       Exclusive Special Excise Court No.-II, Bhojpur at Ara in

                       connection with Udwantnagar P.S. Case No. 92 of 2026.


                                             (Ashok Kumar Pandey, J)

lata/-
U        T


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