Patna High Court
Barjun Ram @ Warjun Ram @ Varjun RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Barjun Ram, was arrested in connection with a case (PS Case No. 272 of 2025) alleging contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 40.600 litres of country‑made liquor were recovered behind his house. He contended that he had no knowledge of the liquor, no incriminating material was found in his possession, and he had no prior criminal record. The prosecution opposed bail, but the court noted the open nature of the recovery site, the lack of possession evidence, the petitioner’s clean antecedents, and the non‑compliance of Section 103 of the BNSS, 2023. Considering these circumstances and the period of custody already endured, the court granted 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 in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of incriminating material in the accused's possession and lack of prior record justify bail.
- Whether non‑compliance with Section 103 of the BNSS, 2023 affects the bail decision.
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illegal liquor
- criminal procedure
- Section 103 BNSS 2023
- no prior record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.775 of 2026
Arising Out of PS. Case No.-272 Year-2025 Thana- AMNAUR District- Saran
======================================================
Barjun Ram @ Warjun Ram @ Varjun Ram S/o- Birendra Ram @ Virendra
Ram R/v- B. Piprahi Ps- Amanour Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Adv.
For the Opposite Party/s : Mr. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Amnaur
PS Case No. 272 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 40.600 liters of
country made liquor was recovered behind the house of the
petititoner.
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. The name of the
Patna High Court CR. MISC. No.775 of 2026(2) dt.19-01-2026
2/2
petitioner transpired in this case on the disclosure made by the
apprehended co-accused person and the local chowkidar.
Learned counsel for the petitioner submits that recovery has
been made from behind the house of the petitioner which is an
open place accessible to one and all. The petitioner is in custody
since 27.11.2025 and has got no criminal antecedent. 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 Amnaur PS Case No. 272 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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