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Patna High Court

Vijay RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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