Patna High Court
Vijay RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner.
Summary
Vijay Ram was arrested on 16 May 2026 in connection with the alleged recovery of 4,960 litres of spirit from a truck, alleged offences under Sections 30(a), 34 and 36 of the Bihar Excise Act. The petitioner argued that he has a clean antecedent, was not caught in possession, is not the owner of the vehicle, and was implicated solely on secret information without a proper investigation. The State opposed bail. The Court, after considering the petitioner’s clean record, the lack of direct possession, and the length of custody, ordered his release on bail upon furnishing a bond of Rs. 500 with two sureties of the same amount. The bail order was directed to be recorded before the trial court handling the case.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 30(a), 34 and 36 of the Bihar Excise Act given the circumstances of arrest and investigation.
- Whether the absence of seizure from the accused’s conscious possession and lack of proper investigation justify bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 34, 36
Subjects
- bail
- Bihar Excise Act
- Section 30(a)
- Section 34
- Section 36
- criminal procedure
- custody
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43438 of 2026
Arising Out of PS. Case No.-289 Year-2024 Thana- MADANPUR District- Aurangabad
======================================================
Vijay Ram Son of Ramgati Ram Resident of village - Badi Erki Kala, P.S.-
Madanpur, District - Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal
For the Opposite Party/s : Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 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
offences punishable under Sections 30(a), 34 and 36 of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 16.05.2026 and allegation is of recovery of 4960 liters of
spirit from a truck.
4. Learned counsel for the petitioner submits that the
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized vehicle and came to be implicated based on
secret information which is the easiest way to implicate
Patna High Court CR. MISC. No.43438 of 2026(2) dt.03-07-2026
2/2
someone without holding a proper investigation, when petitioner
admittedly is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the
period of custody, the petitioner above-named, is directed to be
released on bail on furnishing bail bonds of Rs. 500/- (Rupees
Five Hundred) 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 Madanpur P.S. Case
No. 289 of 2024.
(Satyavrat Verma, J)
Rishabh/-
U T
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