Patna High Court
Ramakant Yadav @ Ramu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted, subject to conditions, as the identification was weak and no material was recovered from the petitioner’s possession.
Summary
Ramakant Yadav was arrested on 17 April 2026 in connection with the seizure of 180 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed he was falsely implicated, stating that the only basis for his identification was the testimony of a local chowkidar and that no liquor was recovered from his possession. The prosecution opposed bail, highlighting six prior criminal antecedents, though the petitioner was already on bail in other pending cases. The court observed that the identification was tenuous and no material was found on the petitioner, and that prior antecedents did not, by themselves, preclude bail. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence or witnesses, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the accused is identified solely by a chowkidar’s testimony and no contraband was found in his possession.
- Whether the petitioner’s six prior criminal antecedents bar the grant of bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- identification by witness
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44029 of 2026
Arising Out of PS. Case No.-338 Year-2024 Thana- KATEYA District- Gopalganj
======================================================
Ramakant Yadav @ Ramu Yadav Son of Surendra Chaudhary @ Surendra
Yadav @ Suli Chaudhary Resident of Village- Bhopatpur, P.S.- Kateya,
District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-07-2026 Heard Mr. Dewanand Tiwari , learned counsel for
the petitioner and Mr. Akbar Ali, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.04.2026 in connection with Kateya P.S. Case No. 338 of
2024, F.I.R. dated 03.09.2024 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 180 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case on the basis of disclosure made by the local
chowkidar as well as suspicion. He further submits that it
appears from the F.I.R. as well as seizure list that nothing has
Patna High Court CR. MISC. No.44029 of 2026(2) dt.07-07-2026
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been recovered from the conscious possession of the petitioner
and local chowkidar has disclosed that he has identified the
petitioner while he was escaping from the place of occurrence.
Except the aforesaid, nothing has come during investigation
which suggest the involvement of the petitioner in the present
occurrence and due to petitioner's previous criminal antecedent
he has been made accused in the present case. He further
submits that the police after investigation submitted charge-
sheet against the petitioner. The petitioner is in custody since
17.04.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries six criminal antecedents other
than the present one but fairly submits that he is on bail in all
the pending matters.
6. Considering the aforesaid facts and circumstances
that nothing has been recovered from the conscious possession
of the petitioner and his name has been transpired on the basis
of disclosure made by the local chowkidar, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District & Additional
Patna High Court CR. MISC. No.44029 of 2026(2) dt.07-07-2026
3/3
Sessions Judge-XII cum Special Excise Court No.-I, Gopalganj
in connection with Kateya P.S. Case No. 338 of 2024 subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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