Patna High Court
Satydeo Ram @ Satyadev RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Satydeo Ram, sought bail in a case (Mohammadpur P.S. Case No. 216/2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 190 litres of liquor were recovered from a public pond embankment. The petitioner argued that he was falsely implicated, had no liquor in his possession, and that the recovery was from an open place accessible to the public; he also highlighted his lack of criminal antecedents and the fact that a co‑accused had already been granted bail. The State opposed the bail, relying on the prosecution’s recovery of the liquor. The Court noted the absence of incriminating material against the petitioner, the prolonged custody since 18‑10‑2025, and the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Consequently, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount. The bail was granted, and the petitioner was released.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the prosecution evidence and the circumstances justify continued custody of the petitioner.
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- Section 103
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4988 of 2026
Arising Out of PS. Case No.-216 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
======================================================
Satydeo Ram @ Satyadev Ram S/o Ramjanam Ram R/o Village - Parsauni,
Mallahi Tola, P.S - Mohammadpur, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Mohammadpur P.S. Case No. 216/2025 instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 190 litres
of liquor has been recovered from pond enbankment.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.4988 of 2026(2) dt.29-01-2026
2/2
petitioner has got no concern with the alleged recovery of
liquor. The other co-accused person has already been granted
bail by this court vide order dated 18.12.2025 passed in Cr.
Misc. No. 87996/2025. The petitioner is in custody since
18.10.2025 and has no criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Mohammadpur P.S.
Case No. 216/2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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