Patna High Court
Ranjan RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
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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
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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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