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Patna High Court

Ramprawesh SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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/-

U


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