Patna High Court
Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to a cash bond and surety conditions.
Summary
The petitioner, Ramesh Kumar, was arrested in connection with a 2019 case alleging possession of 63 litres of liquor, charged under IPC sections 188, 272, 34 and Bihar Prohibition and Excise Act sections 30, 38, 41. An earlier application for anticipatory bail had been rejected. The petitioner contended that he was merely the owner of the vehicle, had no knowledge of the liquor, and that no incriminating material was found in his possession; he also highlighted non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct possession, the procedural lapse, and the period of custody, the Court decided to grant bail, imposing a bond of Rs.15,000 with two sureties and conditions regarding court appearances.
Issues considered
- Whether bail should be granted in a case involving alleged possession of liquor under IPC and Bihar Prohibition and Excise Act provisions.
- Whether the earlier rejection of anticipatory bail can be revisited.
- Whether the petitioner’s lack of direct possession and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, justify bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Indian Penal Code — s. 188, 272, 34
Subjects
- bail
- anticipatory bail
- IPC
- prohibition law
- excise law
- criminal procedure
- prior convictions
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5537 of 2026
Arising Out of PS. Case No.-343 Year-2019 Thana- RIVILGANJ District- Saran
======================================================
Ramesh Kumar S/O Sri Kanchan Sharma R/o- Mangal Talab, Chik Toli,P.S-
Chowk, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhimanyu Deo, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Revilganj P.S. Case No. 343 of 2019, instituted for the offences
punishable under Sections 188, 272, 34 of the Indian Penal
Code, read with Sections 30, 38 and 41 of the Bihar Prohibition
and Excise Act.
3. Earlier, anticipatory bail of the petitioner was
rejected by a co-ordinate Bench of this Court vide order dated
21.02.2025 passed in Cr. Misc. No. 6881 of 2025.
4. The prosecution case, in short, is that 63 liters
liquor was recovered from car.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.5537 of 2026(2) dt.31-01-2026
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petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case as being owner of the car in question and he has got no
knowledge with regard to the nature of goods carried in the
vehicle. The petitioner is in custody since 05.01.2026 and has
got three criminal antecedents in which he is on bail. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
8. 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 Revilganj P.S. Case
No. 343 of 2019, subject to the following conditions:
Patna High Court CR. MISC. No.5537 of 2026(2) dt.31-01-2026
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(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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