Patna High Court
Navin Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted regular bail to the petitioner.
Summary
Navin Kumar Ram, a 19‑year‑old, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 90 litres of Nepali liquor in two plastic sacks on a TVS Apache motorcycle. The petitioner contended that he was merely a passer‑by, had no knowledge of the liquor, and was framed due to village politics, emphasizing the lack of any incriminating article found in his possession and the absence of independent witnesses. The State opposed the bail, relying on the FIR based on an informant’s report. The High Court examined the sufficiency of the evidence and the petitioner’s right to liberty, noting the weak evidentiary basis. Consequently, the Court granted regular bail on a bond of Rs.10,000 with two sureties, directing the petitioner’s release pending further trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the FIR being based solely on an informant’s report.
- Whether the absence of independent witnesses and lack of seized articles in the petitioner’s possession justify granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition
- excise
- illegal liquor
- Section 30(a)
- political victimisation
- FIR
- informant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38663 of 2026
Arising Out of PS. Case No.-173 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Navin Kumar Ram, Male, age about 19 years, Son of Late Sanjiv Ram @
Sanjiv Kumar Ram, Resident of Village-Kanhauli, Chafi, Ward No.09, P.S.-
Khajauli, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Sadar
Excise P.S. Case No. 173 of 2026 arising out of G.O. Case No.
1109 of instituted for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per allegation in the FIR, total 90 liters of
Nepali country made liquor has been recovered from two white
coloured plastic sacks which was loaded in a TVS Apache
motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case merely on the basis of mere
suspicion. He submits that the petitioner has no any concerned
Patna High Court CR. MISC. No.38663 of 2026(2) dt.17-06-2026
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with the said illegal wine. He further submits that petitioner has
made an accused in this case due to dirty village politics and
merely on the basis of suspicion. He next submits that the
petitioner was only passerby of the way and on the basis of
suspicion he has been implicated in this case. He lastly submits
that nothing incriminating articles have been recovered from the
conscious possession of the petitioner. Petitioner is in custody
since 23.04.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR and impugned order of the
learned Exclusive Special Judge Excise, Madhubani dated
08.05.2026, it appears that on the basis of written report of the
informant namely Md. Tahir Hasan, FIR has been registered
under Section 30(a) of the Bihar Prohibition and Excise Act
against the above named petitioner and the allegation against
him is for recovery of total 90 liters of Nepali country made
liquor from a TVS Apache motorcycle bearing Registration No.
BR32E 97*7, Chesis No. MD634BE4312169457 and Engine
No. BE4LJ2X68125. Petitioner is in custody since 23.04.2026
and there is no independent witnesses of the seizure list, so
considering all these aspects of the case and submission of
Patna High Court CR. MISC. No.38663 of 2026(2) dt.17-06-2026
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learned counsel for the petitioner, I am inclined to grant regular
bail to the above named petitioner, so the prayer for regular bail
of the petitioner is allowed.
7. Accordingly, let the petitioner above named be
released on regular bail on furnishing bail bonds of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge Excise Act,
Madhubani in connection with Sadar Excise P.S. Case No. 173
of 2026 arising out of G.O. Case No. 1109 of 2026.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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