Patna High Court
Ramu NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the bail application and granted regular bail to the petitioner.
Summary
The petitioner, Ramu, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 15 litres of illicit country-made liquor. He contended that he was falsely implicated, that the liquor was not recovered from his conscious possession, and that the procedural requirements of Sections 103 and 105 of the B.N.S.S. were not complied with. The State opposed bail, emphasizing his five prior similar offences. The court examined the charge sheet, noted the absence of any allegation of evidence tampering, and considered his willingness to cooperate and his bail status in other cases. Consequently, the court granted regular bail on a bond of Rs.10,000 with two sureties and conditions of personal appearance, allowing the application.
Issues considered
- Whether bail should be granted to the petitioner despite his prior criminal antecedents under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the procedural safeguards under Sections 103 and 105 of the B.N.S.S. were complied with in the investigation
- Whether the facts of the case justify denial of bail on grounds of alleged involvement in illicit liquor
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 103, 105
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedents
- Section 30(a)
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39129 of 2026
Arising Out of PS. Case No.-77 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Ramu Nat S/o Ganesh Nat Resident of Village - Sirsa Manpur, P.S -
Baikunthpur, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Vardhan, Advocate
For the Opposite Party/s : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Baikunthpur P.S. case
No. 77 of 2024 registered for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 15 litres of illicit
country made liquor was recovered from the bag which was
allegedly thrown by the petitioner when the police came at the
place of occurrence.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has been falsely implicated in
the present case. It has further been submitted that nothing has
been recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.39129 of 2026(2) dt.17-06-2026
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It has also been submitted that the procedure prescribed under
Sections 103/105 of the B.N.S.S. has not been followed. It has
further been submitted that although the petitioner has five
criminal antecedents of similar nature of offence but he is on
bail in all the cases. It has also been submitted that the charge
sheet has been filed in this case and there is no allegation of
tampering with the evidence against the petitioner. Lastly, it has
been submitted that the petitioner is in custody since 11.04.2026
and he is ready to co-operate in the trial.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submitted that the
petitioner has five criminal antecedents of similar nature of
offence.
6. Heard the parties and perused the record.
7. Considering the above facts and circumstances of
the case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Gopalganj, in connection with
Baikunthpur P.S. case No. 77 of 2024, with condition(s):-
(i) the petitioner is directed to remain
physically present before the learned Court below
on each and every date, failure on two consecutive
Patna High Court CR. MISC. No.39129 of 2026(2) dt.17-06-2026
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dates without reasonable cause, the bail bonds of
the petitioner would be liable to be cancelled.
8. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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