Patna High Court
Ram Naresh RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to a bond and specified conditions.
Summary
Ram Naresh Ram was arrested on 19 April 2026 in connection with the seizure of 56 litres of country‑made liquor under Section 30(a) of the Bihar Prohibition & Excise Act. He applied for bail, claiming he was falsely implicated and that the seizure list was prepared by police officers, violating Sections 103 and 105 of the Bihar Narcotic Substances (B.N.S.S.) Act, 2023. The State opposed bail, noting that the petitioner had two other pending cases. The Court observed that no liquor was recovered from the petitioner’s personal possession and that procedural lapses existed, and therefore granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Exclusive Special Excise Court, Saran.
Issues considered
- What is the appropriate decision on the petitioner's bail application given the alleged procedural violations under Sections 103 and 105 of the B.N.S.S., 2023 and the fact that no contraband was found in his possession?
- Does the existence of two other pending cases against the petitioner preclude the grant of bail in the present matter?
Legislation cited
- Bihar Narcotic Substances (B.N.S.S.) Act, 2023 — s. 103, 105
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- procedural lapse
- seizure
- criminal procedure
- non‑possession
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41617 of 2026
Arising Out of PS. Case No.-447 Year-2026 Thana- GARKHA District- Saran
======================================================
Ram Naresh Ram S/O- Chandeshwar Ram R/O village - Mahamda, P. S -
Garkha, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-06-2026 Heard Mr. Hemant Kumar, learned counsel for the
petitioner and Mr. Nand Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
19.04.2026, in connection with Garkha P.S. Case No. 447 of 2026,
F.I.R. dated 19.04.2026 registered for the offences punishable
under Sections 30(a) of the Bihar Prohibition & Excise Act.
3. Recovery is of 56.00 litres of country made liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It appears from the F.I.R. that altogether 56.00 litres
of country made liquor was recovered from the place of
occurrence. It appears from the seizure list that the seizure list
witnesses are police personnel so there is non compliance of
Sections 103 and 105 of the B.N.S.S., 2023. The petitioner is in
Patna High Court CR. MISC. No.41617 of 2026(2) dt.30-06-2026
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custody since 19.04.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries two more cases other than
the present one.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non compliance of
Sections 103 and 105 of the B.N.S.S., 2023, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned 01 st Exclusive Special
Excise Court, Saran at Chapra in connection with Garkha P.S.
Case No. 447 of 2026, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
Patna High Court CR. MISC. No.41617 of 2026(2) dt.30-06-2026
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verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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