Patna High Court
Ram Ratan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court inclined to grant bail to the petitioner, noting his clean antecedent and period of custody.
Summary
The petitioner, Ram Ratan Kumar, was arrested in connection with the recovery of 1010.88 litres of illicit foreign liquor from a pick‑up vehicle, alleged under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act. He contended that he had no conscious possession of the liquor, was falsely implicated, and had a clean antecedent, having been in custody since 24‑03‑2026. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the facts, the petitioner’s clean record and the period of custody, decided to grant bail on a bond of Rs.10,000 with two sureties. The order was made clear to be prima facie and not an assessment of the merits of the case.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act considering the facts and his antecedents.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1), 41(2)
Subjects
- bail
- prohibition
- excise
- illicit liquor
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35498 of 2026
Arising Out of PS. Case No.-59 Year-2026 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Ram Ratan Kumar S/o Late Pramod Singh, R/o Vill- Gurudaspur Tola Bihat
Ward No. 18, P.S.- F.C.I. Dist.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Braj Bhusan Poddar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 21-05-2026 The matter was heard via video conferencing mode.
2. Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
3. The petitioner seeks bail in connection with
Cheriya Bariyarpur P.S. Case No. 59 of 2026, registered for the
offences punishable under Sections 30(a), 41(1) and 41(2) of the
Bihar Prohibition and Excise Act.
4. As per the prosecution case, total 1010.88 litres of
illicit foreign liquor was recovered from a pick-up vehicle.
5. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Nothing has been recovered from the conscious
possession of the petitioner and petitioner has no concern with the
alleged recovery. Learned counsel lastly submits that petitioner has
clean antecedent and he is in custody since 24.03.2026.
Patna High Court CR. MISC. No.35498 of 2026(2) dt.21-05-2026
2/2
6. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and also considering petitioner’s clean antecedent and
his period of custody, this Court is inclined to grant bail to the
petitioner.
8. Accordingly, let the petitioner, above-named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees
Ten Thousand Only) with two sureties of the like amount each to
the satisfaction of the learned Exclusive Special Excise Judge-I,
Begusarai, in connection with Cheriya Bariyarpur P.S. Case No. 59
of 2026.
9. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observation 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)
Shahnawaz/-
U T
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