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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

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
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                                    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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