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Patna High Court

Lalji Kumar Ram @ Lalji RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted subject to monetary and attendance conditions.

Summary

The petitioner, Lalji Kumar Ram, was arrested in connection with the recovery of 130 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act (Amendment). He applied for bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The High Court, after considering the facts and submissions, granted bail on the condition of a Rs.10,000 bond with two sureties, a deposit of Rs.25,000 to Ramakrishna Math, and mandatory monthly attendance at the police station. The order also stipulated automatic cancellation of bail if the petitioner becomes involved in any future Excise or NDPS case. The court clarified that its observations are limited to the bail application and do not prejudice the merits of the trial.

Issues considered

  • Whether bail can be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act (Amendment) for alleged possession of illicit liquor
  • Whether the petitioner’s willingness to make a charitable donation influences the grant of bail

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • excise
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27537 of 2026
                      Arising Out of PS. Case No.-22 Year-2026 Thana- FESHAR District- Aurangabad
                 ======================================================
                 Lalji Kumar Ram @ Lalji Ram S/o Jitwahan Ram R/o Village - Ibrahimpur,
                 P.S. - Fesar, Dist. - Aurangabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mukul Kumari
                 For the Opposite Party/s :       Mr.Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with G.R.

                   No. 373 of 2026 arising out of Fesar P.S. Case No. 22 of 2026

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

                   Prohibition and Excise Act(Amendment).

                                 3. The recovery is of 130 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 10.03.2026.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                 6. Learned APP appearing for the State opposes the

                   prayer for bail of the petitioner.
Patna High Court CR. MISC. No.27537 of 2026(2) dt.28-04-2026
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                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned concerned

          Court below in connection with G.R. No. 373 of 2026 arising

          out of Fesar P.S. Case No. 22 of 2026.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.

          Gurua, Dist. Gayaji, Bihar 824205, and produce the receipt of the

          same before the Court below. The bail bonds of the petitioner

          shall be accepted after verifying the genuineness of the receipt

          produced by the petitioner.

                          9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at Fesar

          Police Station on every Sunday of each month. Any default in

          appearance at the police station will result in cancellation of bail

          bonds of the petitioner.

                          10. It is made clear that if the petitioner, in future,

          is found to be involved in any other case registered under the

          provisions of Excise/NDPS Act then his bail bonds shall

          automatically be cancelled.
          Patna High Court CR. MISC. No.27537 of 2026(2) dt.28-04-2026
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                                    11. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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