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Patna High Court

Ramesh Rai @ Ramesh Kumar Rai @ Ramesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U        T


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