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
- Bihar Prohibition and Excise Act — s. 30(a)
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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