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Patna High Court

Nirmal RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Nirmal Ram, was arrested in connection with the recovery of 540 litres of illicit liquor under section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating that no incriminating article was found in his possession and that he had been in custody since 28 March 2026. The State opposed bail, but the court noted that no seizure was made from the petitioner and considered the circumstances of his detention. Relying on the lack of direct evidence against him, the court inclined to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties, with the order being purely prima facie and not affecting the trial.

Issues considered

  • Whether bail should be granted to the petitioner under section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.34002 of 2026
                       Arising Out of PS. Case No.-180 Year-2026 Thana- BANIAPUR District- Saran
                 ======================================================
                 Nirmal Ram Son of Late Rajgirahi Ram Resident of village - Nagdiha, P.S. -
                 Baniyapur, Dist. Saran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s            :       Mr. Arjun Prasad, Advocate
                 For the Opposite Party/s        :       Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   19-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in Baniyapur P.S. Case

                   No. 180 of 2026 registered under section 30(a) of the Bihar Pro-

                   hibition and Excise Act.

                                3. There is recovery of 540 litres of illicit liquor from

                   the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely being implicated in the

                   present case. Petitioner has no concern with the seized article.

                   No incriminating article has been recovered from the possession

                   of the petitioner. Petitioner is in custody since 28.03.2026.

                                5. Learned Additional Public Prosecutor for the State

                   has vehemently opposed the prayer for bail of the petitioner.
            Patna High Court CR. MISC. No.34002 of 2026(2) dt.19-05-2026
                                                        2/2




                                   6. Considering the facts and circumstances of the case

                      and the fact that no recovery has been made from the possession

                      of petitioner period of custody, this Court is inclined to grant

                      bail to the petitioner.

                                   7. Accordingly, let the petitioner above named be re-

                      leased 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 learned 1st Exclusive Special Excise Court, Saran

                      at Chapra/concerned court below in connection with Baniyapur

                      P.S. Case No. 180 of 2026.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of adju-

                      dication of the present bail application. Such observations shall

                      not be construed as an expression on the merits of the case and

                      shall not influence the trial or any other proceedings in any

                      manner.


                                                       (Ansul, J)

Ranjeet/-

U       T


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