Patna High Court
Ram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to the conditions prescribed under Section 480(3) of the BNSS.
Summary
Ram Kumar and Avinash Kumar were arrested after a police raid that seized caps, wrappers and 1.5 litres of illicit foreign liquor, leading to charges under Sections 30(a) and 30(d) of the Bihar Prohibition & Excise Act, 2016. The petitioners applied for bail, contending that no incriminating material was found on them, that the seizure list was prepared in violation of Sections 103 and 105 of the BNSS, and that they have clean antecedents. The State opposed the bail application. The court, after considering the nature of the recovery, the short period of custody and the petitioners’ clean record, ordered their release on bail with a bond of Rs 10,000 each and two sureties, subject to conditions prescribed in Section 480(3) of the BNSS. The conditions include a close‑relative bailor, mandatory attendance on all court dates, and cancellation of bail on three consecutive absences. Consequently, the petition for bail was granted.
Issues considered
- Whether the petitioners are entitled to bail in view of the alleged offences under the Bihar Prohibition & Excise Act, 2016
- Whether the alleged procedural irregularities in the seizure list (violation of Sections 103 and 105 of BNSS) affect the grant of bail
- Whether the nature of the recovery and period of custody justify denial of bail
Legislation cited
- Bihar Prohibition & Excise Act, 2016 — s. 30(a), 30(d)
- BNSS — s. 103, 105, 480(3)
Subjects
- bail
- excise
- prohibition
- illegal liquor
- seizure
- BNSS
- criminal procedure
- sections 30
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42189 of 2026
Arising Out of PS. Case No.-221 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
1. Ram Kumar S/o Rajendra Prasad Sah @ Rajendra Sah Resident of Village-
Laheriyaganj, P.S - Madhubani, District- Madhubani
2. Avinash Kumar S/o Shambhu Thakur Resident of Village- Laheriyaganj, P.S
- Madhubani, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Madhubani Sadar Excise P.S. Case No. 221 of
2026 registered for the alleged offences under Sections 30(a)
and 30(d) of the Bihar Prohibition & Excise Act, 2016.
03. As per prosecution case, police received secret
information about petitioners making and selling illicit foreign
liquor. A raid was conducted at the identified place and the
petitioners were apprehended and from the bags seized from the
spot, recovery of 500 pieces of cap of McDowell's No. 1 brand,
wrappers of McDowell’s No. 1 and Royal Stage brands and 1.5
Patna High Court CR. MISC. No.42189 of 2026(2) dt.01-07-2026
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liters of liquor apart from 115 pieces of empty bottles of
different brand was made and the petitioners were arrested.
04. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. Nothing incriminating has been recovered from the
person or possession of the petitioners. Seizure list was prepared
in violation of Sections 103 and 105 of BNSS. Learned counsel
further submits that the petitioners have no concern with the
place from where recovery has been shown and it is an open
place accessible to all. The petitioners are having clean
antecedent and they are in custody since 30.05.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and period of custody of the petitioners, they
are directed to be released on bail on furnishing bail bonds of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge, Excise Court, Madhubani/court concerned in connection
with Madhubani Sadar Excise P.S. Case No. 221 of 2026,
subject to the conditions mentioned in Section 480(3) of BNSS
Patna High Court CR. MISC. No.42189 of 2026(2) dt.01-07-2026
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and the following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners 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 petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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