Patna High Court
Girdhari RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to a bond and specific conditions.
Summary
Girdhari Ram was arrested on 28 February 2026 in connection with the seizure of 414.720 litres of foreign liquor, alleged to be in violation of Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2022. The petitioner claimed he had a clean antecedent, was falsely implicated, and that the liquor was recovered from a vehicle he did not own, contending that the police failed to comply with Sections 103 and 105 of the BNSS. The State opposed bail. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The order directed that the bail bond not be delayed for verification purposes. The bail was thus granted subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to a person accused under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2022.
- Whether alleged non‑compliance with Sections 103 and 105 of the BNSS affects the grant of bail.
- Whether the fact that the seized liquor was recovered from a vehicle not owned by the accused negates the element of possession for bail considerations.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor seizure
- false implication
- possession
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28759 of 2026
Arising Out of PS. Case No.-67 Year-2026 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Girdhari Ram S/o Banka Ram Resident of village - Harijaniyo Ki Dhani
Samwalor, P.S - Chautan, District - Barmer (Rajasthan)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-04-2026 Heard Mr. Abhishek Kumar, learned counsel for
the petitioner and Md. Shakir Ahmad, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.02.2026 in connection with Dumariyaghat P.S. Case No. 67
of 2026, F.I.R. dated 27.02.2026 for the offences punishable
under Section 30(a), 41(1) of the Bihar Prohibition and Excise
Act, 2022.
3. Recovery is of 414.720 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent 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
Patna High Court CR. MISC. No.28759 of 2026(2) dt.28-04-2026
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recovered from the conscious possession of the petitioner rather
the recovery has been made from vehicle in question and the
petitioner is not the owner of the vehicle in question. He further
submits that seizure list witnesses are police personnel and there
is non-compliance of Section 103 and 105 of BNSS and the
petitioner is in custody since 28.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
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 Excise Court No.-3, East Champaran, Motihari in
connection with Dumariyaghat P.S. Case No. 67 of 2026,
subject to the following conditions:-
i. 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.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
Patna High Court CR. MISC. No.28759 of 2026(2) dt.28-04-2026
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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)
Suruchi/-
U T
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