Patna High Court
Raj Narayan Ram @ DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail may be granted notwithstanding the petitioner’s criminal antecedents, provided he fulfills the stipulated conditions.
Summary
Raj Narayan Ram Dubey was arrested in connection with the seizure of 106.8 litres of Nepali liquor alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating that no incriminating material was found on his person and that his name was supplied by a co‑accused. Although he had earlier been granted anticipatory bail, he remained in custody because of four prior criminal antecedents and alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, arguing that the antecedents and statutory non‑compliance warranted denial of bail. After considering the length of custody, the facts of the case and the petitioner’s circumstances, the court decided to grant bail subject to a cash bond of Rs 15,000, two sureties and specific conditions regarding court appearances and future conduct. The bail order was pronounced on 27‑01‑2026.
Issues considered
- Whether bail can be granted to the petitioner despite his criminal antecedents and alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
- Whether the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act justifies denial of bail?
Legislation cited
Subjects
- bail
- anticipatory bail
- criminal antecedents
- prohibition act
- Section 30(a)
- Section 103
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3795 of 2026
Arising Out of PS. Case No.-158 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
Raj Narayan Ram @ Dubey Son of Naresh Ram Resident of Village- Murtiya
Aadapur, P.S.- Aadadpur, District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Nityanand, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Aadapur P.S. Case No. 158 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 106.8
liters of Nepali liquor was recovered from railway Dhala.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The name of the
petitioner has been disclosed by the apprehended co-accused.
Patna High Court CR. MISC. No.3795 of 2026(2) dt.27-01-2026
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The petitioner has not been apprehended on the spot. The
petitioner was granted anticipatory bail vide order dated
23.09.2025 passed in Criminal Miscellaneous No. 59080 of
2025, but due to criminal antecedent, petitioner could not be
released on bail. The petitioner is in custody since27.11.2025
and has got four criminal antecedents. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Aadapur P.S. Case
No. 158 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
Patna High Court CR. MISC. No.3795 of 2026(2) dt.27-01-2026
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bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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