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Patna High Court

Ranjan RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that regular bail should be granted to the petitioner.

Summary

The Patna High Court considered an application for regular bail filed by Ranjan Ram, who was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 84 litres of Nepali Kasturi liquor recovered from two bicycles. The petitioner claimed he was not the owner of the bicycles, had no knowledge of the liquor, and that the seizure witnesses were not independent, emphasizing his clean antecedent and that he had been in custody since 9 May 2026. The State opposed the bail, relying on the FIR and the exclusive special excise court’s order naming the petitioner. The Court examined the lack of independent witnesses, the petitioner’s clean record, and the circumstances of the seizure, and found no compelling reason to deny bail. Consequently, the Court granted regular bail on condition of a Rs 10,000 bond with two sureties, directing the petitioner’s release pending further proceedings.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the absence of independent seizure witnesses and the petitioner’s clean antecedent justify the grant of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise (Amendment) Act, 2022
  • Section 30(a)
  • possession of liquor
  • clean antecedent
  • independent witness
  • High Court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44408 of 2026
                    Arising Out of PS. Case No.-158 Year-2026 Thana- CHHAURADANO District- East
                                                       Champaran
                 ======================================================
                 Ranjan Ram, aged about 26 years, Gender-Male, Son of Baijnth Ram @
                 Baijnath Ram @ Baidhnath Ram, Resident of village- Bara Bhelwa (Bhelwa),
                 P.S.- Chhauradano, District- East Champaran.
                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr. Tarkeshwar Nath Thakur, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

2   08-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Chhauradano P.S. Case No. 158 of 2026 instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. As per allegation in the FIR, total 84 litres Nepali

                   Kasturi liquor have been recovered from the carrier of two

                   bicycles.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence and has

                   falsely been implicated in this case. He submits that the

                   petitioner is not the owner of the said bicycle and he has no

                   knowledge about the same. He further submits that nothing has
Patna High Court CR. MISC. No.44408 of 2026(2) dt.08-07-2026
                                            2/3




          been recovered from the conscious possession of the petitioner.

          He next submits that the seizure list witnesses are not the

          independent witnesses. Petitioner has got clean antecedent as

          stated in para 3 of the petition is in custody since 09.05.2026.

                       5. Learned APP for the State opposes the prayer for

          regular bail of the petitioner.

                       6. From perusal of the FIR, seizure list and impugned

          order of the learned Exclusive Special Excise Court No.2, East

          Champaran, Motihari, dated 01.06.2026, it appears that

          petitioner is named in the FIR. From perusal of the records, it

          appears that on the basis of written report of the informant, FIR

          has been registered under Section 30(a) of the Bihar Prohibition

          and Excise (Amendment) Act, 2022 against the above named

          petitioner and the allegation is recovery of 84 litres Nepali

          Kasturi liquor which have been recovered from the carrier of

          two bicycles. Petitioner has got clean antecedent as stated in

          para 3 of the petition, he is in custody since 09.05.2026 and no

          any independent witness of the seizure list, so considering all

          these aspects of the case and submission of learned counsel for

          the petitioner, I am inclined to grant regular bail to the above

          named petitioner.

                       7. Accordingly the prayer for regular bail of the
            Patna High Court CR. MISC. No.44408 of 2026(2) dt.08-07-2026
                                                        3/3




                      petitioner is allowed.          Let     the petitioner above named be

                      released on regular bail on furnishing bail bonds of Rs. 10,000/-

                      (Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Exclusive Special Excise Court No. 2,

                      East Champaran at Motihari in connection with Chhauradano

                      P.S. Case No. 158 of 2026.


                                                                 (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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