Patna High Court
Suresh RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Suresh Ram, was implicated in a case alleging recovery of 15.5 litres of illicit country-made liquor from his house under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act. He contended that the house was abandoned, he was not present at the time of seizure, and no liquor was found in his conscious possession, asserting his innocence and clean antecedent. The State opposed his application for anticipatory bail. The Court, after considering the facts, the petitioner’s clean record, and the nature of the allegation, ordered that if arrested or surrendered within six weeks, the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order effectively granted anticipatory bail with specified conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged possession of illicit liquor.
- Whether the petitioner’s clean antecedent and lack of direct possession justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- prohibition law
- illicit liquor
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29139 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- KORMA District- Sheikhpura
======================================================
Suresh Ram S/o Late Banwari Ram, R/o Village- Gadbadiya, P.S- Korma,
District- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate.
For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Korma P.S. Case No.26 of 2026 instituted under Sections
30(a), 30(c) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
15.5 liters of illicit country made liquor from the house of
petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that the alleged recovery has been
made from the abandoned house where no family member
reside. Learned counsel submits that petitioner was not present
on the spot and no incriminating article has been recovered from
Patna High Court CR. MISC. No.29139 of 2026(2) dt.06-05-2026
2/2
his conscious possession. He further submits that petitioner has
no concern with the alleged seized liquor. Learned counsel
submits that petitioner has got clean antecedent and he
undertakes to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner as well as his
clean antecedent, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount to
each to the satisfaction of the learned Exclusive Special Excise
Judge, Sheikhpura/ concerned Court in connection with Korma
P.S. Case No.26 of 2026, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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