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Patna High Court

Bidya RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the arrest was based merely on suspicion, no incriminating material was found, and statutory safeguards under Section 103 were not complied with.

Summary

Bidya Ram was arrested after 66 litres of liquor were recovered from a thatched hut and charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the hut did not belong to him, no liquor was found in his possession, and he was detained solely on suspicion, having no prior criminal record. He also argued that the arrest violated Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court noted the lack of incriminating material, the prolonged custody since September 2025, and the statutory non‑compliance. Consequently, the court granted bail, directing the petitioner to furnish a bond of Rs.15,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the arrest.
  • Whether the provisions of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 were complied with in the arrest.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • suspicion
  • statutory compliance
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6051 of 2026
                    Arising Out of PS. Case No.-278 Year-2025 Thana- CHHAURADANO District- East
                                                       Champaran
                 ======================================================
                 Bidya Ram Son of Late Saynarayan Ram @ Satyanarayan Ram Resident of
                 village - Pipra, P.S.- Darpa, Distt.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Roshan Kumar, Advocate
                 For the Opposite Party/s :     Mr. Nityanand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                      Heard Mr. Roshan Kumar, learned counsel for the

                   petitioner and Mr. Nityanand Tiwary, learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Chhauradano P.S. Case No. 278 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 66 liters

                   liquor was recovered from thatched hut and the petitioner was

                   arrested on spot.

                                4. Learned counsel for the petitioner submits that the

                   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
             Patna High Court CR. MISC. No.6051 of 2026(2) dt.31-01-2026
                                                         2/2




                       no concern with the alleged recovery of liquor. Learned counsel

                       for the petitioner also submitted that the alleged hut does not

                       belong to the petitioner and the same is in dilapidated condition.

                       It is further submitted that the petitioner has been arrested only

                       on the basis of suspicion. The petitioner is in custody since

                       02.09.2025 and has got no criminal antecedent. There is no

                       compliance of Section 103 of the Bharatiya Nagarik 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 and 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 Chhauradano P.S.

                       Case No. 278 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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