Patna High Court
Ramadhar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
Ramadhar Singh was arrested in connection with the recovery of 200 litres of liquor near a river bank and charged under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that the liquor was recovered from an open area accessible to all. He had been in custody since 27‑11‑2025 and possessed one prior criminal antecedent, with the prosecution failing to comply with Section 103 of the BNSS, 2023. The State opposed bail, but the Court, after considering the lack of direct evidence, the length of custody, and the procedural lapse, decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- Section 103
- antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6052 of 2026
Arising Out of PS. Case No.-349 Year-2025 Thana- Excise P.S. District- Khagaria
======================================================
Ramadhar Singh S/O Bhato Singh R/O Village- Lcharua, P.S- Allouli, Dist.-
Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parmatma Singh, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, 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
Khagaria PS Case No. 349 of 2025 instituted for the offences
under Section/s 30(a) & 30(c) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 200 liters
liquor was recovered near bank of river.
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
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.6052 of 2026(2) dt.31-01-2026
2/2
that recovery is from an open place, which is accessible to one
and all. The petitioner is in custody since 27.11.2025 and has
got one criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Khagaria PS Case
No. 349 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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