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Patna High Court

Rabindra Kumar Ram @ Rabindra RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail, subject to a bond and conditions, as there is insufficient evidence of conscious possession.

Summary

The petitioner, Rabindra Kumar Ram, sought bail after the prosecution alleged that 12.75 litres of foreign liquor were recovered from his house in connection with an excise case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioner contended that the liquor was found in the varamda (store room) and that he had no knowledge or control over it, asserting his innocence and lack of criminal antecedent. The State opposed bail, arguing that the recovery was made from the petitioner’s premises. The Court examined the facts, noting the absence of evidence of the petitioner’s conscious possession and his claim of ignorance, and applied the bail provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023. Accordingly, the Court ordered that the petitioner be released on bail upon furnishing a bond of ₹30,000, subject to conditions under Section 482(2) of the same Act. The order was pronounced by Justice Dr. Anshuman.

Issues considered

  • Whether the petitioner is entitled to bail in an excise case where liquor was recovered from his premises but he claims no knowledge or possession.

Legislation cited

Subjects

  • bail
  • excise law
  • foreign liquor
  • possession
  • Section 30
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42380 of 2026
                   Arising Out of PS. Case No.-151 Year-2025 Thana- EXCISE SIMRAHI District- Supaul
                 ======================================================
                 Rabindra Kumar Ram @ Rabindra Ram Son of Shiv Narayan Ram Resident
                 of village- Anchalpur, Ward no.06, P.S- Raghopur, Dist-Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhuweneswar Sahu, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-07-2026                  Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Simrahi Excise P.S. Case No. 151 of 2025, Miscellaneous

                   Excise Case No. 2479 of 2025, registered on 28.09.2025 for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2018.

                                3. As per prosecution, total recovery of 12.750 liters

                   foreign liquor from the house of the petitioner is the subject

                   matter of the present case.

                                4. It is submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has committed no

                   offence. It is further submitted that nothing has been recovered

                   from the conscious possession of the petitioner rather the
          Patna High Court CR. MISC. No.42380 of 2026(2) dt.08-07-2026
                                                      2/2




                    alleged recovery was made from the Varamda of the house. The

                    petitioner had no knowledge about the alleged liquor which was

                    kept in the Varamda of the house. Moreover, the petitioner has

                    no concern with the alleged recovery and has no criminal

                    antecedent.

                                 5. Learned APP for the State opposes the prayer for

                    bail and submits that recovery has been made from his house.

                                 6. In the facts and circumstances, let the above named

                    petitioner be released on bail, in the event of arrest or surrender

                    before the Trial Court within a period of four weeks from today,

                    on furnishing bail bond of ₹30000/- (thirty thousand) as

                    mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha

                    Sanhita, 2023 to the satisfaction of the Exclusive Special Judge,

                    Excise Court No.-02, Supaul in connection with Simrahi Excise

                    P.S. Case No. 151 of 2025, subject to the conditions as laid

                    down under Section 482(2) of the Bharatiya Nagrik Suraksha

                    Sanhita, 2023.



                                                (Dr. Anshuman, J)
Manshi/Ashwini

U     T


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