Patna High Court
Malik Sahab Ram @ Maulik Sahab RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as the accused had no conscious possession of the seized liquor and possessed a clean antecedent.
Summary
The petitioner, Malik Sahab Ram, was arrested on 25 March 2026 in connection with a case involving the alleged possession of 83.16 litres of foreign liquor seized from an e‑rickshaw, under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The petitioner contended that he had no conscious possession of the liquor, was not the owner of the e‑rickshaw, and possessed a clean criminal record. The State opposed bail, but the court noted the absence of direct possession and the petitioner's clean antecedent. Consequently, the court granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner's antecedent without delaying the bond acceptance.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 when the seized liquor was not in his conscious possession.
- Whether the fact that the liquor was recovered from an e‑rickshaw, which the accused does not own, affects the bail decision.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- conscious possession
- clean antecedent
- e‑rickshaw
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33448 of 2026
Arising Out of PS. Case No.-72 Year-2026 Thana- BHAGWANPUR District- Kaimur
(Bhabua)
======================================================
Malik Sahab Ram @ Maulik Sahab Ram S/o Babua Ram R/o Village -
Umapur, P.S. - Bhagwanpur, Dist. - Kaimur at Bhabua.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr.Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 14-05-2026 Heard Mr.Tribhuwan Narayan, learned counsel for
the petitioner and Mr.Khurshid Anwar, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
25.03.2026 in connection with Bhagwanpur P.S. Case No. 72 of
2026, F.I.R. dated 24.03.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Amendment Act, 2022.
3. Recovery is of 83.16 liters of foreign liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and it appears
from the FIR as well as seizure list that nothing has been
recovered from conscious possession of the petitioner rather the
Patna High Court CR. MISC. No.33448 of 2026(2) dt.14-05-2026
2/3
recovery has been made from the E-ricksaw in question and the
petitioner is not the owner of the E-ricksaw in question and the
petitioner is in custody since 25.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent and nothing has been recovered from conscious
possession of the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs.10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge Excise No.-II,
Kaimur at Bhabua in connection with Bhagwanpur P.S. Case
No. 72 of 2026, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
Patna High Court CR. MISC. No.33448 of 2026(2) dt.14-05-2026
3/3
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.