Patna High Court
Umesh Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court ordered the release of the petitioner on bail subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Umesh Kumar Ram, sought bail in a case registered under Section 30(a) of the Bihar Prohibition & Excise Act for allegedly possessing 124,800 litres of country-made liquor recovered from a secret compartment of his vehicle. The petitioner claimed innocence, arguing that no incriminating material was found on his person, there were no independent witnesses, and the search and seizure violated mandatory legal provisions. The State opposed the bail, relying on the charge sheet and the seriousness of the offence. The court considered the charge sheet, the petitioner’s clean antecedents, and the length of his custody since 18 March 2026. It granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety and attendance requirements.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act considering the charge sheet and custody period
- Whether alleged violations of search and seizure provisions affect the bail decision
- Whether the petitioner’s clean antecedents warrant bail
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- Bihar Prohibition & Excise Act
- search and seizure
- clean antecedents
- charge sheet
- Section 30(a)
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42133 of 2026
Arising Out of PS. Case No.-106 Year-2026 Thana- GOPALPUR District- Gopalganj
======================================================
Umesh Kumar Ram, Prem Ram @ Premnath Ram, Resident of village- Semra
Bazar, P.S.- Gopalpur, District- Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mrs.Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Gopalpur P.S. Case No. 106 of 2026, registered
for the alleged offence under Section 30(a) of the Bihar
Prohibition & Excise Act.
3. As per prosecution case, the petitioner was
apprehended after chase when the police stopped his vehicle
during checking of vehicles and recovery of 124.800 liters of
country made liquor was made from the secret compartment of
the vehicle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner was not apprehended from the vehicle from
Patna High Court CR. MISC. No.42133 of 2026(2) dt.01-07-2026
2/3
which recovery has been shown. Nothing incriminating has
been recovered from the person/possession of the petitioner.
There is no independent witness to the alleged occurrence and
there is violation of mandatory provisions of law about the
search and seizure. The petitioner is in custody since 18.03.2026
and is having clean antecedents. The charge sheet has been
submitted.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
submission of charge sheet against the petitioner and further
considering the period of custody of the petitioner and his clean
antecedents, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court No.II,
Gopalganj/court concerned in connection with Gopalpur P.S.
Case No. 106 of 2026, subject to the conditions mentioned in
Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
Patna High Court CR. MISC. No.42133 of 2026(2) dt.01-07-2026
3/3
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail, the
bail bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.