Patna High Court
Rabindra Kumar Ram @ Rabindra RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
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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