Patna High Court
Sujit Ram @ Baby Ram @ BabiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Non-Commercial Sale (BNSS) Act — s. 482(2)
- Excise Act, 2022 — s. 30(a)
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
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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
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(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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