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Patna High Court

Raj Narayan Ram @ DubeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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