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Patna High Court

Ramjeet ChoudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                         3/3




                       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/-

U        T


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