Patna High Court
Ram Balak SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Ram Balak Sah, was arrested in connection with the alleged recovery of 112.5 litres of liquor from an Alto car and charged under Sections 30(a), 38 and 41(1) of the Bihar Prohibition and Excise Act. He has been in custody since 2 June 2026 and contends that he is not the owner of the vehicle, that the liquor was not found in his conscious possession, and that the case against him rests solely on a confessional statement made by another person, Ram Kumar, while in police custody, which the petitioner argues lacks evidentiary value. The State opposed his bail application. The Court, after considering the submissions and the short period of custody, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail order was directed to be complied with by the trial court handling the original case (PS Case No.330 of 2022).
Issues considered
- What is the appropriateness of granting bail to the petitioner charged under Sections 30(a), 38 and 41(1) of the Bihar Prohibition and Excise Act, given the circumstances of his arrest and the evidentiary basis of the case?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 38, 41(1)
Subjects
- bail
- excise law
- prohibition act
- confessional statement
- police custody
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44932 of 2026
Arising Out of PS. Case No.-330 Year-2022 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Ram Balak Sah S/o Late Jageshwar Sah R/o Vill. - Thumma, Ward no. 5, P.S.
- Gadha(Runnisaidpur), Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar
For the Opposite Party/s : Mr. Gauri Shankar Gupta
======================================================
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), 38, 41(1) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and is
in custody since 02.06.2026 and allegation is of recovery of
112.5 litres of liquor from an Alto car. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on
confessional statement of Ram Kumar in police custody which
does not have any evidentiary value.
Patna High Court CR. MISC. No.44932 of 2026(2) dt.03-07-2026
2/2
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. 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.5000/- (Rupees
five thousand) 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 Runnisaidpur P.S.
Case No.330 of 2022.
(Satyavrat Verma, J)
amit/-
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