Patna High Court
Raj Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties, and conditions of cooperation and familial bailor.
Summary
The petitioner, Raj Kumar Ram, was arrested in connection with an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act for the recovery of 140 litres of country‑made liquor from a public place. He contended that the liquor was not in his conscious or physical possession and that the seizure violated mandatory procedural requirements because there was no independent witness to the seizure list. The State opposed bail, citing a prior similar offence, while the petitioner asserted that he was already on bail in the same case. The Court examined the facts, noted the non‑compliance with seizure provisions, and considered the prior antecedent. It ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions of cooperation with the investigation and that one bailor be a family member. The bail order was pronounced on 10‑06‑2026.
Issues considered
- Whether bail should be granted when the seizure of liquor did not comply with mandatory procedural requirements.
- Whether the petitioner’s prior criminal antecedent of a similar nature warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- seizure procedure
- Bihar Prohibition and Excise Act
- illegal liquor
- mandatory procedural compliance
- prior conviction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32995 of 2026
Arising Out of PS. Case No.-246 Year-2026 Thana- ALAMGANJ District- Patna
======================================================
Raj Kumar Ram S/O Late Bitthal Ram R/O Vill.- Sadikpur Domekhana, P.S.-
Alamganj, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Ayushi Gupta, Advocate
For the Opposite Party/s : Mrs. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 10-06-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. Perusal of the first information report and the seizure
list would go to show that 140 liters of country made liquor is
said to have been recovered from a public place.
4. It is submitted by learned counsel for the petitioner
that there is no recovery from the conscious or physical
possession of the petitioner. The place of recovery is an open
place and easily accessible to anyone, hence no liability can be
fixed on the petitioner. There is violation of the mandatory
provisions of the search and seizure as there is no independent
witness to the seizure list. Petitioner has been languishing in
custody since 15.03.2026.
Patna High Court CR. MISC. No.32995 of 2026(3) dt.10-06-2026
2/2
5. Learned APP for the State opposes the bail
petition on the ground that petitioner has one criminal
antecedent of similar nature of the offence. In response, it is
submitted on behalf of the petitioner that he is on bail in the said
case.
6. Taking into consideration the fact and
circumstances of the case and also considering the fact that there
is non-compliance of mandatory provisions of seizure, the
above named petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Court below where the case is pending/successor Court
in connection with Alamganj P.S. Case No. 246 of 2026, subject
to the further condition that:
(i) The petitioner shall cooperate in the
investigation/trial.
(ii) The one of the bailors will be a family
member/close relative.
(Soni Shrivastava, J)
Trivedi/-
U T
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