Patna High Court
Bhola RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2), 482
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.