Patna High Court
Ram Vishwas SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Bail was granted to the petitioner as he has a clean antecedent and no direct involvement in the alleged offence.
Summary
Ram Vishwas Sah, the owner of a motorcycle seized during a police check that uncovered 8.55 litres of Nepali liquor, was implicated in a case under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. The petitioner argued that he was not present at the seizure, the motorcycle had been stolen, he had not lodged an FIR, and he possessed a clean criminal record. The State opposed bail, asserting a connection between the vehicle and the alleged offence. The court examined the facts, noting that the only link to the petitioner was ownership of the motorcycle and that no liquor was found on him. Considering his clean antecedent and lack of direct involvement, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to verification of antecedents under Section 482(2) of the B.N.S.S.
Issues considered
- Whether ownership of a vehicle used in the commission of an offence under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022 makes the owner liable.
- Whether bail should be granted to the petitioner pending trial.
- Whether the seizure of foreign liquor implicates the vehicle owner absent any direct evidence of participation.
Legislation cited
- Bihar Prohibition & Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- bail
- possession
- motor vehicle
- foreign liquor
- clean antecedent
- Section 30(a)
- Bihar Prohibition & Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34130 of 2026
Arising Out of PS. Case No.-283 Year-2025 Thana- BELA District- Sitamarhi
======================================================
Ram Vishwas Sah son of Ram Shreshth Sah Resident of Village -Mujauliya
PS- Bela District -Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 18-05-2026 Heard the learned counsel for the petitioner and
the learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Bela P.S. Case No. 283 of 2025, for allegedly
having committed offence under Sections 30(a) of Bihar
Prohibition & Excise (Amendment) Act 2022.
3. As per the prosecution story, which has been
lodged on the basis of the written report submitted by the
informant to the effect that the informant along with police party
was on patrolling duty near Shankar Chowk Post and vehicle
checking was going on. At around 12:50 during vehicle
checking, a person riding a motorcycle was found coming from
Nepal. During checking, total 8.55 liters of foreign liquor was
recovered and the person, who was riding the motorcycle, was
Patna High Court CR. MISC. No.34130 of 2026(2) dt.18-05-2026
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taken into custody. The liquor and the motorcycle was seized
and handed over to the Bela Police Station.
4. The learned counsel for the petitioner submits
that the petitioner is the owner of the seized motorcycle and
therefore, his name has transpired in the present case. He was
not present at the place of occurrence, therefore he has got no
concern with the alleged liquor. He further submits that although
the motorcycle was stolen from the petitioner but, he did not
lodge an FIR. The learned counsel for the petitioner further
submits that nothing has been recovered from the petitioner and
he has got no concern with the alleged seized 8.55 liters of
liquor. The petitioner has got a clean antecedent.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner.
6. Having heard the rival submissions and after
going through the records, it appears that 8.55 liters of Nepali
liquor was seized from one Mahesh Yadav and the name of the
petitioner has transpired in the present case only on the basis of
the fact that the seized motorcycle, upon which the liquor was
being taken away, belongs to the petitioner. The petitioner has
got a clean antecedent. Considering the above, let the petitioner,
above named, in the event of arrest or surrender within a period
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of six weeks, 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 the learned Special Judge, Exclusive
Excise Court- I, Sithamari. in connection with Bela P.S. Case
No. 283 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps 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.
(Ritesh Kumar, J)
Ajay/Kunal/-
U T
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