Patna High Court
Bidya RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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