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Patna High Court

Ramvinay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing his release on bond subject to specified conditions.

Summary

The petitioner, Ramvinay Kumar, was arrested in connection with a case registered under Sections 274 and 275 of the BNS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, for alleged possession of 30 litres of illicit "chulai" liquor recovered from an open area near a bridge. The petitioner claimed innocence, arguing that the recovery was not made from his person and that he was falsely implicated, citing his lack of incriminating material in possession. The State opposed the bail application. Considering the circumstances, the nature of the alleged offence, and the petitioner’s custody since 3 April 2026, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions including presence in court and a close relative as a bailor. The bail may be cancelled if the petitioner defaults on the conditions. The order was pronounced by Justice Arun Kumar Jha of the Patna High Court.

Issues considered

  • What is the appropriateness of granting bail to the petitioner accused under Sections 274/275 of the BNS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022?
  • Whether the circumstances of recovery and the petitioner’s alleged innocence warrant bail despite the nature of the offence.

Legislation cited

Subjects

  • bail
  • illegal liquor
  • possession
  • Section 274 BNS
  • Section 275 BNS
  • Section 30(a) Bihar Prohibition and Excise Act
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42901 of 2026
                     Arising Out of PS. Case No.-67 Year-2026 Thana- DARPA District- East Champaran
                 ======================================================
                 Ramvinay Kumar S/o Ramprit Mahto R/o Village - Badhaiya Tola, P.s. -
                 Aadapaur, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rajesh Kumar, Advocate
                 For the Opposite Party/s :        Mrs.Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-07-2026                     Heard learned counsel for the petitioner and learned

                   APP. for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Darpa P.S. Case No. 67 of 2026, registered on

                   02.04.2026 for the offences under Sections 274/275 of the BNS

                   and Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. As per the prosecution case, petitioner was

                   apprehended and from his possession 30 litres of chulai liquor

                   was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner is innocent and has been

                   falsely implicated in this case. Learned counsel further submits

                   that nothing incriminating has been recovered from person or
Patna High Court CR. MISC. No.42901 of 2026(2) dt.01-07-2026
                                            2/3




          possession of the petitioner. It is apparent from the FIR that

          recovery has been made from an open place which was near a

          bridge and the petitioner was not apprehended from the spot.

          Learned counsel also submits that due to criminal antecedents of

          the petitioner, the petitioner has been made accused in this case.

          The petitioner is in custody since 03.04.2026.

                       5. Learned A.P.P. appearing for the State opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          nature of recovery and period of custody of the petitioner, the

          petitioner is directed to be released on bail, on furnishing bail

          bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with

          two sureties of the like amount each to the satisfaction of

          learned Exclusive Special Excise Judge-2, East Champaran,

          Motihari/concerned court, in connection with Darpa P.S. Case

          No. 67 of 2026, subject to the condition laid down under

          Section 480(3) of the BNSS and other following conditions:

                                  (i) One of the bailors will be a close

                                  relative of the petitioner.

                                  (ii) The petitioner will remain present on

                                  each and every date fixed by the court
             Patna High Court CR. MISC. No.42901 of 2026(2) dt.01-07-2026
                                                         3/3




                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioner will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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