Patna High Court
Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S.S. — s. 105
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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