Patna High Court
Ramprawesh SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The Court granted bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Ramprawesh Sahani was arrested in connection with a case alleging recovery of foreign liquor, country-made liquor and spirit from his thatched/asbestos house, under Sections 274 and 275 of the B.N.S and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The petitioner contended that he had no possession of the seized liquor, that the house was abandoned, and that he was falsely implicated based solely on local informants, also highlighting his clean criminal record. The Additional Public Prosecutor opposed bail. The Court, after considering the facts and the lack of evidence of conscious possession, ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail application was therefore allowed.
Issues considered
- Whether bail should be granted to the accused in a case of alleged possession of illicit liquor under Sections 274, 275 of the B.N.S and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, given the alleged lack of conscious possession and absence of prior criminal record.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- B.N.S. — s. 274, 275
Subjects
- bail
- illicit liquor
- prohibition law
- excise
- criminal procedure
- Section 482
- Bihar
- possession
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29224 of 2026
Arising Out of PS. Case No.-600 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Ramprawesh Sahani S/O Late Anirudh Sahani Resident of village - Bairiya
Bazar ward no.- 5, P.S- Turkauliya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sugandh Saurabh, Advocate
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with
Turkauliya PS. Case No. 600 of 2025 dated 22-12-2025
instituted under Sections 274 and 275 of the B.N.S and Section
30(a) of the Bihar Prohibition and Excise (Amendment) Act.
3. The allegation is of recovery of 7.2 litres of foreign
liquor, 6 litres of country-made liquor and 40 litres of spirit from
inside the thatched/asbestos house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case and no incriminating article has been recovered
from his conscious possession. It is further submitted that the
seized illicit liquor and spirit were recovered from the
thatched/asbestos house of the petitioner, which is situated at an
Patna High Court CR. MISC. No.29224 of 2026(2) dt.06-05-2026
2/2
abandoned place and the petitioner has no concern with the
seized liquor and spirit. The petitioner has been made an
accused in the instant case only on the basis of disclosure made
by local people of the vicinity. Lastly, it is submitted that the
petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, 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/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Judge-1, I/C East Champaran at
Motihari, in Turkauliya PS. Case No. 600 of 2025, subject to the
conditions laid down in Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita 2023.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
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