Patna High Court

BHOLU KUMAR RAMversusThe State of Bihar

Decided: 6 May 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The Court granted provisional pre‑arrest bail to the petitioner subject to conditions, with the possibility of making it absolute if co‑accused Niraj Kumar is found uninvolved.

Summary

The petitioner, Bholu Kumar Ram, was arrested in connection with a case involving 69.84 litres of country-made liquor recovered from a motorcycle, alleged to violate Sections 30(a), 32(i)&(iii), and 41(i)&(ii) of the Bihar Prohibition and Excise Amendment Act, 2022. He applied for pre‑arrest bail, asserting that he was neither involved in the sale nor consumption of the liquor and has a clean antecedent. The State opposed the bail. The Court, after hearing both sides, granted provisional bail under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS, subject to the petitioner furnishing details about co‑accused Niraj Kumar and conditions that may convert the bail to absolute if the co‑accused is found uninvolved. The decision balances the petitioner’s claim of non‑involvement with the need to investigate possible complicity. The bail was thus granted conditionally, pending further inquiry.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail in a case under the Bihar Prohibition and Excise Amendment Act, 2022
Whether the petitioner’s alleged involvement in the illicit liquor seizure warrants denial of bail

Legislation cited

Bihar Narcotic Substances (BNSS) Act — s. 482(2)
Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32(i), 32(iii), 41(i), 41(ii)
Criminal Procedure Code — s. 438(2)

Subjects

pre‑arrest bail
prohibition
excise
illicit liquor
bail conditions
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29402 of 2026
                  Arising Out of PS. Case No.-15 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Bholu Kumar Ram S/O- Amerikan Ram R/v- Kripalpur P.S. Durgawati Dist-
                 Kaimur at Bhabua

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :        Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   06-05-2026                      Heard learned counsel appearing on behalf of the

                   petitioner and the learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Prohibition & Excise (Bhabua) P.S.Case No.15 of 2025,

                   registered for the offences punishable under Section 30(a),

                   32(i)&(iii), 41(i) & (ii) of Bihar Prohibition and Excise

                   Amendment Act, 2022.

                                3. As per the allegation made in the FIR, total 69.840

                   ltrs. of country-made liquor has been recovered from a bag kept

                   on a motorcycle bearing Registration No.BR45S 6954.

                                4. The learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is not involved in either

                   sale or consumption of the liquor. Petitioner has clean

                   antecedent.
        Patna High Court CR. MISC. No.29402 of 2026(2) dt.06-05-2026
                                                    2/2




                               5. Learned APP for the State vehemently opposed the

                  prayer for grant of pre-arrest bail.

                               6. Having heard the rival submissions of the parties,

                  the petitioner is directed to be released on provisional bail in

                  connection with Prohibition & Excise (Bhabua) P.S.Case No.15

                  of 2026, subject to the conditions as laid down under Section

                  438(2) of the Cr.P.C./Section 482(2) of BNSS with further

                  condition that the petitioner shall furnish all the details of cases

                  in respect of co-accused Niraj Kumar to determine as to whether

                  there is complicity of the present petitioner in the alleged sale of

                  illicit liquor and if co-accused Niraj Kumar is not found

                  involved in any case under the Excise Act, the provisional bail

                  granted to the petitioner shall be made absolute.



                                            (Purnendu Singh, J)
chn/-

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Tribhuwan Narayan