Patna High Court
Raj Kumar Ram @ Mintu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner as the recovery did not prima facie establish his conscious possession of the illicit liquor.
Summary
The petitioner, Raj Kumar Ram, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Sections 274 and 275 of the Bihar Non‑Transported Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, with 24.49 litres of liquor recovered from a house jointly occupied by family members. The petitioner argued that the liquor was not in his conscious possession and that he was already on bail in three other cases. The State opposed bail, contending the seriousness of the offences. The court examined the factual matrix and held that, on a prima facie basis, the recovery did not demonstrate the petitioner's personal possession of the liquor. Consequently, the court ordered his release on bail, subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the recovery of illicit liquor from a premises jointly occupied by family members.
- Whether the recovery of liquor establishes conscious possession required under Sections 274 and 275 of the BNSS.
Legislation cited
- Bihar Non‑Transported Substances Act — s. 274, 275, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illicit liquor
- possession
- Sections 274, 275 BNSS
- Section 30(a) Bihar Prohibition and Excise Act
- CrPC Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40749 of 2026
Arising Out of PS. Case No.-197 Year-2026 Thana- LALGANJ District- Vaishali
======================================================
Raj Kumar Ram @ Mintu Ram, Son of Late Harindar Ram, Resident of
Village-Rikhar, P.S.- Lalganj in the District of Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Lalganj P.S. Case No.
197/2026 registered for the offences punishable under Sections
274 and 275 of the BNS and Section 30 (a) of the Bihar
Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 24.49 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor was made from
the house, which is jointly occupied by other adult family
members. It is submitted that recovery was not made from
conscious possession of the petitioner. While concluding the
Patna High Court CR. MISC. No.40749 of 2026(2) dt.23-06-2026
2/2
argument it is submitted that petitioner found involved in three
more cases, where he is on bail.
5. Learned APP, opposes the prayer for bail.
6. In view of aforesaid facts and circumstances as
recovery of illicit liquor prima-facie not appears to be made from
the physical possession of this petitioner, accordingly the
petitioner above named, in the event of his arrest or surrender
before the learned trial court within a period of four weeks, is
directed to be released on bail, furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned
Incharge Exclusive Special Excise Court No. 1 cum-ADSJ,
Vaishali at Hajipur/concerned trial court where the case is
pending in connection with Lalganj P.S. Case No. 197/2026
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
aniket/-
U T
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