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Patna High Court

Ramesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioners.

Summary

The petitioners – Ramesh Kumar (driver) and three passengers – were arrested in connection with an excise case where 181.44 litres of liquor was seized from an auto. They contended that no incriminating material was found on them, they had no knowledge of the contraband, and they possessed no prior criminal record. The prosecution alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioners also argued that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with, further supporting bail. The Court, noting the absence of material evidence, the short period of custody since 3‑December‑2025, and the lack of antecedents, was inclined to grant bail. Accordingly, bail was ordered on the condition of a Rs 15,000 bond per petitioner with two sureties of equal amount each.

Issues considered

  • Whether bail can be granted when no incriminating material is found on the accused in an excise case.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail.
  • Whether the nature of offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act precludes bail.

Legislation cited

Subjects

  • bail
  • excise
  • liquor seizure
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita
  • no prior record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3029 of 2026
                    Arising Out of PS. Case No.-1979 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
           1.     Ramesh Kumar S/o- Late Soni Sah Resident of - Ward No.16, Sakin
                  Mohalla, Chandwara, P.S.- Sikandarpur, Dist- Muzaffarpur
           2.    Aniket Kumar S/o- Late Harindra Sahni R/v- Lakridhai Chandwara W.No-
                 16, Ps- Sikandarpur Dist- Muzaffarpur
           3.    Niraj Kumar S/o- Shivji Sahni R/v- Lakridhai Chandwara W.No-16, Ps-
                 Sikandarpur Dist- Muzaffarpur
           4.    Rajan Patel @ Rajan Kumar Patel S/o- Vishwanath Prasad R/v- W.No-22,
                 Parti Tola, Sakin Mohalla Raghuvansh Road Ps- Nagar Dist- Muzaffarpur

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Sumit Jha, Advocate
                 For the Opposite Party/s :         Mr.Mohammad Sufyan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with

                   Muzaffarpur Excise P.S. Case No. 1979 of 2025, instituted for

                   the offences punishable under Sections 30(a) and 32(3) of the

                   Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 181.440 liters

                   liquor was recovered from Auto.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the
           Patna High Court CR. MISC. No.3029 of 2026(2) dt.19-01-2026
                                                       2/2




                     present case. No incriminating material has been recovered from

                     the conscious possession of the petitioners. The petitioners have

                     got no concern with the alleged recovery of liquor. The

                     petitioner No.1 is the driver of the alleged Auto and petitioner

                     Nos. 2,3 and 4 are the passengers and they have no knowledge

                     regarding goods loaded on the vehicle. The petitioners are in

                     custody since 03.12.2025 and have got no criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                                  7. Let the petitioners be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

                     two sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Muzaffarpur Excise

                     P.S. Case No. 1979 of 2025.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T


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