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Patna High Court

Ram Naresh NiralaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Ram Naresh Nirala, was arrested in connection with an excise case (PS Excise Jhanjharpur Case No. 230/2025) alleging possession of 198 litres of liquor, contravening Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s evidence consisted solely of liquor recovered from an open area behind the petitioner’s house, with no material found in his conscious possession. The petitioner contended that he was falsely implicated, had no prior criminal record, and that the statutory safeguards under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, were not complied with. The State opposed bail, arguing the seriousness of the offence. Considering the lack of direct incriminating evidence, the petitioner’s clean record, and the duration of his custody since 12‑12‑2025, the Court granted bail on the condition of a Rs. 15,000 bond with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail

Legislation cited

Subjects

  • bail
  • excise
  • liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • criminal procedure
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5188 of 2026
                 Arising Out of PS. Case No.-230 Year-2025 Thana- Excise Jhanjharpur District- Madhubani
                 ======================================================
                 Ram Naresh Nirala Son of Ram Sharan Sah @ Ram Saran Sah Resident of
                 Village- Mahathaur Khurd, Ward No. 1, P.S.- Phulparas, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Lakshmindra Kumar Yadav, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Singh, 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 Excise

                   Jhanjharpur P.S. Cae No. 230/2025 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 198 litres

                   of liquor has been recovered behind the house of the petitioner.

                               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.5188 of 2026(2) dt.29-01-2026
                                                         2/2




                       petitioner has got no concern with the alleged recovery of

                       liquor. The petitioner is in custody since 12.12.2025 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 Excise Jhanjharpur

                       P.S. Cae No. 230/2025.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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