Patna High Court
Lalji Kumar Ram @ Lalji RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
2/3
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
3/3
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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