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Patna High Court

Vinod Ram @ Chuha DomversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Vinod Ram, was arrested in connection with an alleged recovery of 600 litres of liquor and Rs. 1,155 under Section 30(a) of the Bihar Excise Act. He contended that he was not apprehended at the scene, that the liquor was not found in his possession, and that the case against him relied solely on confessional statements of co‑accused made while in police custody, which he argued lack evidentiary value. The State opposed the bail application. The Court, after considering the petitioner’s submissions and the length of his custody, found that the material evidence against him was weak and that continued detention was not justified. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs. 5,000 with two sureties of equal amount. The matter was remanded to the trial court for further proceedings.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Excise Act given the circumstances of his arrest and the nature of the evidence.
  • Whether confessional statements of co‑accused made in police custody can form a basis for denying bail.

Legislation cited

Subjects

  • bail
  • excise law
  • Section 30
  • confessional statements
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45095 of 2026
                       Arising Out of PS. Case No.-805 Year-2019 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Vinod Ram @ Chuha Dom S/O Jitendra Ram Resident Of - Meena Bazar,
                 Domkhana, P.s- Alamganj, Dist - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gajdendra Kumar Singh, Adv
                 For the Opposite Party/s :       Mr.Kalyan Shankar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026               1.    Heard learned counsel for the petitioner, Sri

                   Ganjendra Kumar Singh and learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

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

                   Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and is in custody since 28-4-2026 and

                   allegation is of recovery of 600 litres of liquor from a jute bag at

                   Meena Bazar along with Rs. 1,155/-.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner
              Patna High Court CR. MISC. No.45095 of 2026(2) dt.03-07-2026
                                                          2/2




                        and is accessible to public at large and he came to be implicated

                        based on confessional statement of Jitendra and Prince in police

                        custody which does not have any evidentiary value.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner and taking into consideration the

                        period of custody , let the petitioner, above named, be released

                        on bail on furnishing bail bond of Rs. 5,000/- (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 Alamganj P.S. Case

                        No. 850 of 2019.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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