Patna High Court
Ram Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail was granted to the petitioner subject to a bond of ₹30,000 each and compliance with the conditions of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Ram Kumar Singh, the registered owner of a motorcycle, was implicated in a case concerning the recovery of 1.5 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner argued that he had no knowledge of the liquor being transported on his vehicle and that nothing was recovered from his possession, asserting his innocence. The State opposed bail but acknowledged the petitioner’s clean antecedent. The court considered the circumstances, including the petitioner’s lack of direct involvement and clean record, and ordered his release on bail upon furnishing a bond of ₹30,000 each, subject to conditions under Section 2(1)(d) and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The bail order was conditioned on surrender within four weeks if arrested. The petition for bail was thus granted.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nagrik Suraksha Sanhita, 2023 in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner, as the registered owner of the vehicle, can be held liable for the possession of illicit liquor found in the vehicle.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- illicit liquor
- vehicle ownership
- section 30(a)
- Bihar Prohibition and Excise Act
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36374 of 2026
Arising Out of PS. Case No.-624 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Ram Kumar Singh Son of Ram Prasad Singh Resident of Village- Bhojhata,
P.S.- Pachphera, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Harshvardhan, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 03-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner who apprehends arrest in connection
with Mirganj P.S. Case No. 624 of 2025 lodged on 29.12.2025,
for the offences punishable under section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
4. As per the prosecution, total recovery of 1.5 liters
illicit liquor, is the subject matter of the present case.
Patna High Court CR. MISC. No.36374 of 2026(2) dt.03-06-2026
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5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. In fact,
nothing has been recovered from the possession of the petitioner
nor he is named in the FIR but name of the petitioner has
surfaced in this case only due to the reason that the petitioner is
the registered owner of the motorcycle from which the alleged
recovery was shown. Learned counsel for the petitioner further
submits that the accused persons have taken vehicle of the
petitioner for some work and the petitioner was not aware about
carrying of illicit liquor on his motorcycle. However, he
undertakes that in future he shall not repeat such mistake. The
antecedent of the petitioner is clean.
6. Learned APP for the State opposes the prayer for
bail but concedes that the antecedent of the petitioner is clean.
7. In the facts and circumstances of the case, let the
above-named petitioners be released on bail, in the event of
their arrest or surrender before the Trial Court within a period of
four weeks from today, on furnishing bail bond of ₹30,000/-
(Rupees Thirty Thousand only) each, as mentioned in Section
2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the
satisfaction of the learned District and Additional Sessions
Judge-IV- cum-Exclusive Special Excise Judge-II,
Patna High Court CR. MISC. No.36374 of 2026(2) dt.03-06-2026
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Gopalganj, in connection with the aforementioned case, subject
to the conditions as laid down under Section 482(2) of the
Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini
U T
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