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Patna High Court

Baliram Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specified conditions.

Summary

Baliram Kumar was arrested on 19 February 2026 in connection with a case alleging possession of 20 litres of illicit liquor recovered from his house, part of a total seizure of 60 litres under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended). The petitioner claimed he was falsely implicated, arguing that the liquor was not in his conscious possession and that the seizure list was prepared solely by police, violating Sections 103 and 105 of the Bihar Non‑Statutory Substitution Act, 2023. The prosecution opposed bail, citing two prior criminal antecedents, though the petitioner was already out on bail in those matters. The court examined the factual and procedural aspects and decided to grant bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to immediate compliance without delay for verification.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended) given the alleged lack of conscious possession and procedural lapses.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
  • Whether non‑compliance with Sections 103 and 105 of the Bihar Non‑Statutory Substitution Act, 2023, affects the bail application.

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • Section 30(a)
  • criminal antecedent
  • procedural compliance
  • Section 103
  • Section 105
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27800 of 2026
                    Arising Out of PS. Case No.-161 Year-2026 Thana- CHAPRA TOWN District- Saran
                 ======================================================
                 Baliram Kumar Ram S/o Lalan Ram R/o vill- Dahiyawa tola, Yoganiya Kothi,
                 P.S- Town, Dist- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajit Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   27-04-2026                       Heard Mr. Ajit Kumar Singh, learned counsel for

                   the petitioner and Mr. Abhay Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   19.02.2026 in connection with Town P.S. Case No. 161 of 2026,

                   F.I.R. dated 18.02.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2022

                   (Amended).

                               3. Recovery is of 60 liters of Chulai liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery of
Patna High Court CR. MISC. No.27800 of 2026(2) dt.27-04-2026
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          altogether 60 liters of illicit liquor has been made from different

          places and petitioner has been made accused merely on the basis

          of disclosure made by the apprehended co-accused Rahul Baitha

          and thereafter, 20 liters of illicit liquor has been recovered from

          the house of the petitioner. He further submits that although

          seizure list shows that recovery has been made from the house

          of the petitioner but the seizure list witnesses are the police

          personnel, so there is non-compliance of Section 103/105 of the

          BNSS, 2023. The petitioner is in custody since 19.02.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that the petitioner carries two criminal antecedents other

          than the present one but fairly submits that he is on bail in both

          the pending matters.

                       6. Considering the aforesaid facts and circumstance,

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

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Judge Excise-I, Saran at Chapra in connection with

          Town P.S. Case No. 161 of 2026 subject to the following

          conditions:-

                        i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.27800 of 2026(2) dt.27-04-2026
                                                        3/3




                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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