Patna High Court
RAMASHISH KUMAR NIGAM @ RAMASHISH BHOKTAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, as the alleged liquor was not in his possession and he has a clean antecedent.
Summary
The petitioner, Ramashish Kumar Nigam, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 27.125 litres of liquor recovered. He contended that his only connection to the case was ownership of a motorcycle (registration No. BR02BQ‑8277) seized during the operation and that no liquor was found in his possession. The Additional Public Prosecutor opposed his request for anticipatory bail. The court observed that the recovery of liquor did not appear to be from the petitioner's physical possession and noted his clean antecedent. Consequently, the court directed that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illicit liquor trade.
- Whether ownership of a seized vehicle alone suffices to justify arrest and denial of bail.
- Whether the recovery of illicit liquor establishes the petitioner's possession for the purpose of bail considerations.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- bail bond
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 42793 of 2026
Arising Out of PS. Case No.-105 Year-2025 Thana- DUMARIYA District- Gaya
======================================================
RAMASHISH KUMAR NIGAM @ RAMASHISH BHOKTA S/O
SURYADEV SINGH @ SURYADEV SINGH BHOKTA R/O Vill.- Bhui Toli
Chakarbandha, P.S.- Chakarbandha, Dist.- Gaya.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Dumaria P.S. Case
No.105 of 2025 registered under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 27.125 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the petitioner has been implicated as an
accused solely on the ground that he is the registered owner of
the Motorcycle bearing Registration No. BR02BQ-8277 alleged
to have been seized in connection with the present case. It is
Patna High Court CR. MISC. No. 42793 of 2026(2) dt.01-07-2026
2/2
further submitted that nothing has been recovered from the
conscious possession of the petitioner. The petitioner claimed
clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this petitioner,
accordingly, the petitioner above-named, who is a man of clean
antecedent, in the event of his arrest or surrender in the court
below within a period of four weeks from today, is directed to
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 the learned Exclusive Special Judge
Excise-III, Gaya in connection with Dumaria P.S. Case No.105
of 2025, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
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