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Patna High Court

Ramu NatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                                        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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