Patna High Court
Baliram Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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