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Patna High Court

Ram Balak SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U        T


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