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Patna High Court

Daroga RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the prosecution failed to establish possession of the illicit liquor by the accused.

Summary

Daroga Ram was arrested on 24 March 2026 in connection with a case of illicit country-made Mahua liquor alleged under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. The police recovered 17.50 litres of liquor from the place of occurrence, but none was found in the accused's conscious possession. The petitioner claimed he was falsely implicated and that the only basis for his identification was a local watchman's statement. The State opposed bail, noting a similar pending case, but the court observed the lack of direct evidence linking the accused to the seized liquor. Accordingly, the High Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted when the alleged contraband was not recovered from the accused's possession under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.

Subjects

  • bail
  • illicit liquor
  • possession
  • Section 30(a)
  • Bihar Prohibition & Excise Act
  • criminal procedure
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27980 of 2026
                    Arising Out of PS. Case No.-65 Year-2026 Thana- BHAGWANPUR District- Kaimur
                                                        (Bhabua)
                 ======================================================
                 Daroga Ram Son of Late Doma Ram Resident of village Umapur, P.S.-
                 Bhagwanpur, District - Kaimur at Bhabua.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Rajani Kant Pandey, Advocate
                 For the State           :       Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   27-04-2026                      Heard Mr. Rajani Kant Pandey, learned counsel for

                   the petitioner and Mr. Umesh Lal Verma, learned APP for the

                   State.

                                 2. Petitioner seeks bail, who is in custody since

                   24.03.2026, in connection with Bhagwanpur P.S. Case No. 65 of

                   2026, F.I.R. dated 18.03.2026               registered for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition &

                   Excise (Amendment) Act- 2022.

                                 3. Recovery is of 17.50 litres of country made Mahua

                   liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.27980 of 2026(2) dt.27-04-2026
                                            2/3




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

          conscious possession of the petitioner rather recovery has been

          made from the place of occurrence and the name of the

          petitioner has been transpired on the basis of disclosure made by

          local choukidar and except the aforesaid, nothing has come

          during investigation to suggest the involvement of the petitioner

          in the present occurrence and altogether 17.50 lires of country

          made Mahua liquor was recovered from the place of occurrence.

          He further submits that the petitioner has no concern at all with

          the alleged recovery of illicit liquor and the petitioner is in

          custody since 24.03.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioner and submits that the petitioner carries one more case

          of similar nature other than the present one but fairly submits on

          the basis of paragraph-3 of the bail petition that the petitioner is

          on bail in the pending matter.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner , let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the
               Patna High Court CR. MISC. No.27980 of 2026(2) dt.27-04-2026
                                                           3/3




                         satisfaction of       learned     Exclusive Special Judge, Excise-II,

                         Kaimur at Bhabhua in connection with Bhagwanpur P.S. Case

                         No. 65 of 2026, subject to the following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         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.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


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