Patna High Court
Nagendra Kumar RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- B.N.S.S. — s. 105
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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