Patna High Court
Trideep RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioners subject to bond and conditions.
Summary
The petitioners, Trideep Ram and Ranjeet Kumar, were arrested after 315 litres of liquor were recovered from a car in Ratanpur. They contended that they were merely passengers, not owners of the vehicle, and that no incriminating article was found on them, asserting false implication. The prosecution charged them under Section 30(a) of the Bihar Prohibition and Excise Act, while the petitioners highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. Considering the absence of direct evidence, the period of custody already served, and the petitioners’ limited involvement, the court granted bail subject to bond and conditions. The order released the petitioners on bail with specified sureties and compliance requirements.
Issues considered
- Whether bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes bail
- Whether the petitioners’ status as passengers without ownership of the vehicle negates criminal liability
Legislation cited
Subjects
- bail
- excise
- liquor
- Section 30
- Section 103
- criminal antecedent
- vehicle ownership
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5699 of 2026
Arising Out of PS. Case No.-89 Year-2025 Thana- RATANPUR District- Supaul
======================================================
1. Trideep Ram S/O Shivjee Ram R/O Village- Kamaldaha, Ward No. 08, P.S.-
Kishanpur, District- Supaul
2. Ranjeet Kumar Ram S/O Dahu Ram R/O Village- Bhaptiyahi, Ward No. 06,
P.S.- Bhaptiyahi, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Ratanpur P.S. Case No. 89 of 2025 corresponding to Excise
Case No. 4074 of 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 315 litres
of liquor was recovered from car.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
Patna High Court CR. MISC. No.5699 of 2026(2) dt.02-02-2026
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that petitioners are not the owner of the vehicle. It is further
submitted that petitioners are merely the passenger in the car
and both the petitioners have got no concern with the loaded
articles/liquor. The petitioners are in custody since 28.11.2025.
Petitioner no. 1 has two criminal antecedent whereas petitioner
no. 2 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 petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Ratanpur P.S. Case
No. 89 of 2025 corresponding to Excise Case No. 4074 of 2025,
subject to the following conditions:
(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
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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