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Patna High Court

Sujit Ram @ Baby Ram @ BabiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs. 10,000, two sureties, and compliance with Section 482(2) of the BNSS.

Summary

The petitioner, Sujit Ram, sought bail after being implicated in a case under Section 30(a) of the Excise Act, 2022 for alleged illegal manufacturing and trading of illicit liquor, with 76.64 litres recovered. He argued that his name was mentioned only on the basis of suspicion and that his prior criminal cases should not preclude bail, citing the Supreme Court decision in Prabhakar Tewari v. State of Uttar Pradesh (2020) 11 SCC 648. The State opposed, labeling him a habitual offender with multiple pending cases. The court observed that the recovery did not prima facie establish conscious possession by the petitioner and that criminal antecedents alone do not bar bail. Consequently, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to Section 482(2) of the BNSS.

Issues considered

  • Whether bail should be granted to the petitioner despite alleged involvement in illicit liquor under Section 30(a) of the Excise Act, 2022.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Excise Act
  • criminal antecedent
  • Section 30(a)
  • Section 482(2)
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36499 of 2026
                    Arising Out of PS. Case No.-35 Year-2026 Thana- PHULWARIYA District- Gopalganj
                 ======================================================
                 Sujit Ram @ Baby Ram @ Babi Son of Janak Ram R/o- Karariya Thakurai,
                 P.S.- Phulwariya, District- Gopalganj.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashish Kumar Jha
                 For the Opposite Party/s :       Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-06-2026                         Heard the parties

                                2. The petitioner is apprehending his arrest in

                   connection with Phulwariya P.S. Case No. 35 of 2026

                   registered for the offences punishable under Section 30(a) of

                   Excise Act, 2022.

                                3. The allegation against the petitioner is to be

                   engaged in illegal trading/manufacturing of illicit liquor,

                   where, there is recovery of 76.64 litres of IMFL/country

                   made liquor

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that name of petitioner transpired on

                   the basis of suspicion raised by nearby people from where
Patna High Court CR. MISC. No.36499 of 2026(2) dt.08-06-2026
                                            2/3




          the recovery of alleged illicit liquor was made by the police.

          It is submitted that reason for implication is also criminal

          antecedents as petitioner found involved in six more criminal

          cases where he is on bail. It is submitted that if merit of this

          case otherwise appears in favor of the petitioner, merely on

          the ground of criminal antecedent ordinarily the prayer of

          bail should not be rejected, in support of his submission

          learned counsel relied upon the legal report of Hon’ble

          Supreme Court as available through Prabhakar Tewari vs.

          State of Uttar Pradesh and Anr. reported in (2020) 11

          SCC 648.

                       5. Mr. Khurshid Anwar, learned APP while opposing

          the prayer of bail submitted that petitioner is a man of

          criminal antecedent and he is a habitual offender.

                       6. Let it be so, as recovery of alleged illicit liquor

          prima-facie not appears to be made from the conscious

          physical possession of the petitioner, accordingly petitioner

          above-named, in the event of his arrest or surrender before

          the court below within a period of four weeks, is directed to

          be released on bail, furnishing bail bond of Rs. 10,000/-
              Patna High Court CR. MISC. No.36499 of 2026(2) dt.08-06-2026
                                                          3/3




                        (Rupees Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned District and Addl.

                        Sessions      Judge      XIII cum          Spl. Excise   court   no. I,

                        Gopalganj /concerned Court, where the case is pending in

                        connection with Phulwariya P.S. Case No. 35 of 2026,

                        subject to the conditions as laid down under Section 482(2)

                        of BNSS.



                                                                 (Chandra Shekhar Jha, J)
Sudha/-

U         T


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