Patna High Court
Sant Ram @ Kant RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Sant Ram, the petitioner, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 21 litres of country-made liquor were recovered from a plastic box in front of his house. The petitioner claimed innocence, arguing that no incriminating material was found in his possession and that the recovery site was a public area. He had been in custody since 12 January 2026 and possessed five prior criminal antecedents, with the prosecution alleging non‑compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court, considering the circumstances and the period of custody, decided to grant bail. The bail was conditioned on a bond of Rs.15,000 with two sureties, a family member as one bailor, attendance at all trial dates, non‑tampering with evidence or witnesses, and refraining from similar offences.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents and alleged non‑compliance with Section 103 of the BNSS, 2023, preclude bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 103
- prior antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7389 of 2026
Arising Out of PS. Case No.-140 Year-2025 Thana- KORMA District- Sheikhpura
======================================================
Sant Ram @ Kant Ram S/o Late Videshi Ram R/o Bhadausi, P.S.- Korma,
Distt.- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinkar Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Korma
PS Case No. 140 of 2025 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 21 liters
country made liquor was recovered from plastic box in front of
the house of the petitioner.
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.7389 of 2026(2) dt.10-02-2026
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that recovery is made from the front of the house of the
petitioner, which an open place, accessible to one and all. The
petitioner is in custody since 12.01.2026 and has got five
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, after framing
of charge, if not already framed, 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 Korma PS Case No. 140 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 and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
Patna High Court CR. MISC. No.7389 of 2026(2) dt.10-02-2026
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or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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