Patna High Court
Raju RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail may be granted despite the seriousness of the alleged offence and the petitioner’s antecedents, as there is no direct incriminating evidence linking him to the recovered liquor, subject to prescribed conditions.
Summary
The petitioner, Raju Ram, was arrested in connection with a case alleging possession of 360 litres of illicit liquor recovered from a public area, under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed false implication, noting that no liquor was found in his possession and that the recovery was from an open place accessible to the public. The State opposed bail, while the petitioner’s counsel highlighted his five prior convictions and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The court, considering the circumstances and the period of custody, decided to grant bail subject to a cash bond of Rs.15,000 and two sureties, with conditions regarding family surety and regular appearance. The bail order was issued after directing that charges be framed if not already done.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the nature of the alleged offence.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes the grant of bail.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- criminal procedure
- Siwan
- illegal liquor
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5847 of 2026
Arising Out of PS. Case No.-616 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Raju Ram Son of Hiraman Ram Resident of vill-Bhatwaliya PS-Siwan
Muffasil Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, 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 Siwan
Muffasil P.S. Case No. 616 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 360 litres
of liquor has been recovered from bushes.
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
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possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. The
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 12.12.2025 and has five
criminal antecedents. 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, after framing
of charge, if not already framed, 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 Siwan Muffasil P.S.
Case No. 616 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
consecutive dates, the Trial Court will have liberty to cancel the
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bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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