Patna High Court
Ramjeet ChoudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that, in the absence of material linking the petitioner to the illicit liquor and given the deficiencies in the search, bail under Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022, should be granted.
Summary
Ramjeet Choudhary, the owner of a Hero Splendor Pro motorcycle, was implicated in a case where police recovered 27 litres of illicit liquor from his vehicle during a raid. He applied for bail, asserting that the motorcycle had been taken by a villager and that he had no knowledge of its use in the offence, and that no material linked him to the crime. The State opposed bail, relying on Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022, and the fact that the vehicle belonged to the petitioner. The court noted the lack of any evidence of the petitioner's participation, deficiencies in the search and seizure, and his clean antecedent, concluding that the stringent conditions of Section 76(2) were not met. Consequently, the court ordered bail on the condition of a Rs.10,000 bond with two sureties, one of whom must be a close relative, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to bail under Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022 despite ownership of the seized vehicle.
- Whether the prosecution has complied with mandatory provisions of Sections 103 and 105 of the Bharatiya Nagarik Suraksha Sanhita in the search and seizure.
- Whether the absence of material linking the petitioner to the illicit liquor warrants the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 105, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 76(2)
Subjects
- bail
- illicit liquor
- prohibition law
- search and seizure
- ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35366 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- MAIRWAN District- Siwan
======================================================
Ramjeet Choudhary, S/o Anwat Choudhari, R/o Village- Makhdum Sarai,
P.S.- Siwan, Town, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shambhu Prasad Yadav, Advocate
For the Opposite Party/s : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 01-06-2026 Heard learned Advocate for the petitioner and the
learned APP for the State through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Mairwa P.S. Case No. 30 of 2026 registered for
the offences under Section 30 (a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. Acting on a tip off, the police conducted vehicle
checking and intercepted two motorcycles, however, noticing
the police party, the accused persons succeeded in fleeing away
after leaving the motorcycles. On search, total 27 litres of
country made illicit liquor is said to have been recovered from
Hero Spender Pro Motorcycle, bearing registration no. BR29AR
9781, whereas 18 litres of country made illicit liquor was
recovered from Honda Shine SP motorcycle, bearing
Patna High Court CR. MISC. No.35366 of 2026(2) dt.01-06-2026
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registration No. BR28AB 0961.
4. Learned Advocate for the petitioner submitted that
only on account of the fact that the petitioner being the owner of
the Hero Splender Pro Motorcycle, his name has been
implicated in this case. In fact, on the alleged date of
occurrence, the motorcycle, in question, was taken away by one
of the villager on the pretext of bringing some household
articles and the petitioner has even no knowledge that his
motorcycle was used for illicit purpose. During the course of
investigation, no material has come which suggests the
complicity of the petitioner in the crime. The aforesaid fact has
also strengthened on account of his antecedent. There is no
compliance of mandatory provision as required under Sections
103 and 105 of the BNSS. The petitioner undertakes that he will
fully cooperate in the proceeding of the court.
5. On the other hand, learned APP for the State
vehemently opposes the bail application and submits that
besides the rigor provided under Section 76(2) of the Bihar
Prohibition and Excise (Amendment) Act, the motorcycle, in
question, belongs to the petitioner, which was recovered at the
place of occurrence.
6. Having considered the submissions advanced on
Patna High Court CR. MISC. No.35366 of 2026(2) dt.01-06-2026
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behalf of the learned Advocate for the respective parties and
taking note of the fact that save and except the material that the
petitioner being the owner of the motorcycle, in question, there
is nothing, which suggests that he was trafficking the illicit
liquor, besides the serious deficiency in search and seizure, as
also the fair antecedent and the absence of cogent materials,
which attract the rigors provided under Section 76(2) of the
Bihar Prohibition and Excise (Amendment) Act, let the
petitioner, named above, in the event of his arrest or surrender
before the court below within four weeks from the date of
receipt/production of a copy of this order, be released on bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Excise, Court No.1, Siwan in
connection with Mairwa P.S. Case No. 30 of 2026, subject to the
condition as laid down under Section 482 (2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 with the further condition that
one of the bailors shall be the own/close relative of the
petitioner.
(Harish Kumar, J)
uday/-
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