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Patna High Court

RAMASHISH KUMAR NIGAM @ RAMASHISH BHOKTAversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U       T


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