Patna High Court
Raj Narayan Ram @ DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Raj Narayan Ram, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 72 litres of illicit liquor. He claimed innocence, stating that no incriminating material was found in his possession and that the liquor was recovered from a public area. The petitioner had four prior criminal antecedents and had been in custody since 20‑11‑2025, with alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court considered the circumstances, including lack of direct evidence and the period of custody, and decided to grant bail. The court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
- Whether the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Section 103
- Bihar
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3071 of 2026
Arising Out of PS. Case No.-11 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
Raj Narayan Ram @ Dubey S/O Naresh Ram R/O Vill.- Murtiya Aadapur,
P.s.- Aadapur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Nityanand, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Aadapur P.S. Case No. 11 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 72 liters
of Nepalli liquor was recovered from Jute sack.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.3071 of 2026(2) dt.19-01-2026
2/2
made from open place, which is accessible to public at large.
The name of the petitioner has been disclosed by the local
Chowkidar. The petitioner is in custody since 20.11.2025 and
has got four criminal antecedents. 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 petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Aadapur P.S. Case
No. 11 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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