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Patna High Court

Bhola RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to anticipatory bail, subject to conditions, as the allegations do not establish his conscious possession of the seized liquor.

Summary

The petitioner, Bhola Ram, was implicated in a case (Simri P.S. Case No. 70/2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, after police recovered liquor concealed in a family property during a raid. The petitioner claimed innocence, asserting that the seized liquor was not in his conscious possession and that the premises were joint family property, not his exclusive domain. He applied for anticipatory bail, arguing that he had not been apprehended at the scene and that the allegations were driven by personal animosity. The State opposed the bail, contending that the offence was non-bailable. The High Court, after evaluating the facts, found a prima facie case for bail, noting the lack of direct possession and the joint family nature of the property, and ordered the district court to grant anticipatory bail subject to conditions under Section 482 of the Cr.P.C. and verification of any pending criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
  • Whether the alleged recovery of liquor was made from the petitioner's conscious possession or from joint family property.

Legislation cited

Subjects

  • anticipatory bail
  • pre‑arrest bail
  • Bihar Prohibition and Excise Amendment Act
  • Section 30(a)
  • Criminal Procedure Code
  • joint family property
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30511 of 2026
                          Arising Out of PS. Case No.-70 Year-2026 Thana- SIMRI District- Buxar
                 ======================================================
                 Bhola Ram S/O Late Radha Ram @ Sri Kewal Ram R/O Village- Balihar,
                 P.S- Simri, Distt.- Buxar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dr.Kamal Deo Sharma, Advocate
                 For the Opposite Party/s :        Mr.Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   06-05-2026                      Heard Mr. Dr.Kamal Deo Sharma, learned counsel

                   appearing on behalf of the petitioner and Mr. Pushpa Sinha,

                   learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Simri P.S. Case No. 70/2026 for the offence under section

                   30 (a) of the Bihar Prohibition and Excise Amendment Act

                   2022.

                                3. As per the allegations made in the FIR, on the basis

                   of secret information, the police conducted a raid at the alleged

                   premises of the petitioner from where 34.2 litres of country-

                   made liquor and 30.42 litres of foreign liquor were allegedly

                   recovered concealed in paddy straw, while the petitioner

                   allegedly fled away from the place of occurrence after noticing

                   the police party.
Patna High Court CR. MISC. No.30511 of 2026(2) dt.06-05-2026
                                            2/3




                       4. Learned counsel appearing on behalf of the

          petitioner submitted that petitioner is innocent and has been

          falsely implicated in the present case on account of personal

          animosity. He further submitted that no recovery has been made

          from the conscious possession of the petitioner and the alleged

          recovery of 34.2 litres of country-made liquor and 30.42 litres of

          foreign liquor was made from a Dalan alleged to be a joint

          family property and not in the exclusive possession of the

          petitioner. The petitioner was not apprehended from the place of

          occurrence. On these grounds, the petitioner seeks to be released

          on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, upon consideration of the materials

          available on record, it appears that the petitioner was not

          apprehended from the place of occurrence and the alleged

          recovery has not been made from his conscious possession. It

          further appears that the alleged recovery was made from a

          Dalan stated to be a joint family property. I am of the opinion

          that the petitioner has, prima facie, made out a case to be

          released on anticipatory bail.
           Patna High Court CR. MISC. No.30511 of 2026(2) dt.06-05-2026
                                                       3/3




                                  7. The learned District Court is directed to release the

                     petitioner on anticipatory bail, in the event of his/her arrest or

                     surrender before the learned District Court within a period of

                     four weeks from today, on furnishing bail bond of Rs. 10,000/-

                     (Ten thousand) with two sureties of the like amount each, to the

                     satisfaction of learned District Court where the case is pending

                     in connection with Simri P.S. Case No. 70/2026, subject to the

                     condition as laid down under Section 482 of the BNSS//438(2)

                     of the Cr.P.C.

                                  8. The learned District Court is directed to verify

                     the criminal antecedent of the petitioner, as stated in

                     paragraph no. 3 of the bail application. If any other case is

                     pending against the petitioner, as what has been stated in

                     paragraph no. 3, this order will lose its force automatically.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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