Patna High Court
Ramesh Rai @ Ramesh Kumar Rai @ Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Ramesh Rai, was charged under IPC sections 272, 273, 34 and Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for allegedly recovering 295.560 litres of liquor from a mango orchard belonging to Pankaj Singh. The petitioner argued that he was not arrested at the scene, no liquor was found in his possession, the alleged recovery occurred on land not owned by him, and that he was implicated by a hostile chowkidar. He had been in custody since 24 March 2026 and had three prior cases under the Excise Act. The State opposed bail. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, directing compliance with the trial court.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the IPC and the Excise Act.
- Whether the petitioner poses a flight risk or a risk of tampering with evidence.
- Whether the circumstances of the alleged seizure justify continued detention.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Indian Penal Code — s. 272, 273, 34
Subjects
- bail
- IPC sections 272
- IPC sections 273
- IPC section 34
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31734 of 2026
Arising Out of PS. Case No.-50 Year-2024 Thana- HATHAURI District- Muzaffarpur
======================================================
Ramesh Rai @ Ramesh Kumar Rai @ Ramesh Kumar S/o Ramvriksha Ray
@ Budha Ray @ Rambriksh Ray Resident of village - Berai, P.S.- Hathauri,
Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sagar Kumar
For the Opposite Party/s : Mr. Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 272, 273, 34 of the IPC and
Section 30(a) of Bihar Prohibition and Excise Act, 2022
(Amended).
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 295.560 litres of liquor from a
mango orchard of Pankaj Singh. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.31734 of 2026(2) dt.15-05-2026
2/2
and he has no concern or relation with Pankaj Singh and he
came to be implicated at the instance of chowkidar with whom
he is on an inimical term. It is also submitted that petitioner is in
custody since 24.03.2026.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Hathauri
P.S. Case No.50/2024.
(Satyavrat Verma, J)
amit/-
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