Patna High Court
Raj Narayan Ram @ DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to bail in the present case.
Summary
The petitioner, Raj Narayan Ram @ Dubey, was charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for allegedly recovering 36 litres of liquor from a public bridge. He was not arrested at the spot and no liquor was found in his possession; the case relied mainly on a confessional statement made by Shanti Devi while in police custody, which the petitioner argued had no evidentiary value. The petitioner, who has four prior excise cases, had been in custody since 27‑11‑2025 and contended that the investigation was mechanical and lacked proper inquiry. The State opposed bail, but the court noted the lack of direct evidence, the questionable reliability of the confessional statement, and the prolonged detention. Consequently, the court ordered the petitioner’s release on bail upon furnishing a Rs.5,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 given the nature of the evidence.
- Whether the confessional statement of Shanti Devi recorded in police custody is admissible and sufficient to justify continued detention.
Subjects
- bail
- excise offence
- Bihar Prohibition and Excise Act
- confessional statement
- police investigation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4328 of 2026
Arising Out of PS. Case No.-159 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
Raj Narayan Ram @ Dubey Son of Naresh Ram R/o Murtiya - Aadapur, P.S. -
Aadapur, District - East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar
For the Opposite Party/s : Mr. Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 36 litres of liquor from a sack near a
bridge. It is next submitted that petitioner was not arrested from
the spot as such nothing was recovered from his conscious
possession and even alleged recovery is from a place which
does not belong to the petitioner and is accessible to public at
large and he came to be implicated based on confessional
statement of Shanti Devi in police custody which does not have
Patna High Court CR. MISC. No.4328 of 2026(2) dt.30-01-2026
2/2
any evidentiary value and petitioner has no concern or relation
with Shanti. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation and petitioner is in custody since
27.11.2025
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Aadapur
P.S. Case No.159/2025.
(Satyavrat Verma, J)
amit/-
U T
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