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Patna High Court

Nagendra Kumar RamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioners, directing them to furnish a bond of Rs.10,000 each with two sureties.

Summary

The petitioners, Nagendra Kumar Ram (driver) and Kundan Kumar Ram (passenger), were charged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act for allegedly transporting 503.4 litres of illicit foreign liquor in a Bolero vehicle. They contended that they were unaware of the liquor, that no contraband was found in their personal possession, and that the police seizure did not comply with Section 105 of the B.N.S.S. They also highlighted their clean criminal record and that they had been in judicial custody since 20 March 2026. The State opposed the bail application. After hearing both sides, the Patna High Court found the petitioners’ explanations credible and, considering the procedural lapse, ordered that they be released on regular bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Exclusive Special Judge (Excise‑II) in Kaimur.

Issues considered

  • Whether the accused persons are entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
  • Whether the alleged non‑compliance with Section 105 of the B.N.S.S. during seizure warrants bail.
  • Whether the petitioners pose a risk of fleeing, tampering with evidence, or committing further offences.

Legislation cited

Subjects

  • bail
  • excise law
  • illicit liquor
  • Section 30
  • procedural lapse
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28900 of 2026
                 Arising Out of PS. Case No.-20 Year-2026 Thana- ADHAOURA District- Kaimur (Bhabua)
                 ======================================================
           1.     Nagendra Kumar Ram Son of Late Ram Naresh Ram Resident of Village -
                  Babhantalab, P.S.- Rohtas Gadh, District - Rohtas
           2.    Kundan Kumar Ram Son of Ramjit Ram Resident of Village - Rohtas Gadh,
                 P.S.- Rohtas Gadh, District - Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajesh Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr.Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-05-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under Section 30 (a)

                   of the Bihar Prohibition and Excise Amendment Act.

                                3. The case of the prosecution is that from a Bolero

                   vehicle, altogether 503.4 liters of illicit foreign liquor was

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioners has submitted that petitioners are innocent and have

                   committed no offence. They have been falsely implicated in this

                   case. Learned counsel for the petitioner has submitted that

                   petitioner no.1 is the driver of the said vehicle and petitioner no.2
             Patna High Court CR. MISC. No.28900 of 2026(2) dt.05-05-2026
                                                         2/2




                       is passenger in the vehicle. They were unaware of the liquor.. It

                       has further been submitted that nothing has been recovered from

                       their possession. It has further been submitted that the witnesses

                       of the seizure list are police personnel. Police has not complied

                       Section 105 of the B.N.S.S. while making the seizure.

                       Petitioners are having no criminal antecedent and they are in

                       judicial custody since 20.03.2026.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioners on bail. The above named

                       petitioners are directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                       sureties of the like amount each to the satisfaction of the learned

                       Exclusive Special Judge (Excise-II), Kaimur at Bhabua in

                       connection with Adhaura P.S. Case No. 20 of 2026.


                                                   (Ashok Kumar Pandey, J)

lata/-
U        T


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