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