Patna High Court
Ram Lakhan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied bail, holding that the circumstances of the seizure and arrest warranted the petitioner’s continued custody.
Summary
The petitioner, a professional driver, was arrested after police stopped his truck and allegedly recovered 1,684 litres of Indian Made Foreign Liquor. He was charged under sections 111(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016. The petitioner contended that he was falsely implicated, that no liquor was found in his possession or vehicle, and that he was unaware of any contraband being loaded. He had been in custody since 15 March 2026 and sought regular bail. After hearing both sides, the court considered the seriousness of the alleged seizure and the fact that the petitioner was arrested on the spot, and consequently refused to grant bail, dismissing the application.
Issues considered
- Whether regular bail should be granted to the driver accused of transporting 1,684 litres of illicit liquor under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act.
- Whether the petitioner’s claim of lack of knowledge and absence of contraband in his possession suffices to merit bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111(2), 61(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41(1)
Subjects
- bail
- prohibition
- excise
- illegal liquor
- criminal procedure
- false implication
- driver
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29155 of 2026
Arising Out of PS. Case No.-257 Year-2026 Thana- KISHANGANJ District- Kishanganj
======================================================
Ram Lakhan Singh S/o Wakil Singh R/o Village - Dinara, Ward No. 13, P.O -
Waina, P.S - Nawa Nagar, District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kishanganj P.S. Case
no. 257 of 2026 registered under sections 111(2) and 61(2) of
the Bharatiya Nyaya Sanhita, 2023 and sections 30(a) and 41(1)
of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, on the vehicle/truck
being driven by the petitioner being stopped and checked, 1684
litres of IMFL was recovered from the same.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No incriminating
article has been recovered either from his possession or from his
vehicle. He is a professional driver and was not aware of the goods
loaded. The petitioner is in custody since 15.3.2026 and has no
Patna High Court CR. MISC. No.29155 of 2026(2) dt.06-05-2026
2/2
criminal antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation of recovery of 1684
litres of liquor from the truck being driven by the petitioner and
the petitioner having been arrested on the spot, the Court is not
inclined to enlarge the petitioner on bail and the application is
rejected.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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