Patna High Court
Naresh RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to bond and conditions.
Summary
The petitioner, Naresh Ram, a driver of a container truck, was arrested after 189.8 liters of liquor were recovered from four vehicles and charged under Section 61 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the goods, was not the owner of the truck, and that no incriminating material was found in his possession; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita. The State opposed bail. Considering the petitioner’s claim of innocence, lack of prior record, and the circumstances of his custody, the Court granted bail subject to a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and strict appearance conditions.
Issues considered
- Whether bail should be granted to the accused under Section 61 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita affects the bail decision.
- Whether the petitioner poses a risk of fleeing or tampering with evidence.
Legislation cited
Subjects
- bail
- prohibition
- liquor trafficking
- Section 61 B.N.S.
- Section 30(a) Bihar Prohibition Act
- Section 103 B.N.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7981 of 2026
Arising Out of PS. Case No.-302 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Naresh Ram Son of Ramashray Ram Resident of Village- Laknauri PS-
Devariya Dist -Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akanksha Verma, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, 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
Piprakothi P.S. Case No. 302 of 2025, instituted for the offences
punishable under Section 61 of the Bharatiya Nyaya Sanhita,
2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 189.8 liters
liquor was recovered from four cars which were being
transported in a container truck and the petitioner was
apprehended 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
Patna High Court CR. MISC. No.7981 of 2026(2) dt.10-02-2026
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the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner is not the
owner of the truck in question rather he is driver of that
container truck and has got no knowledge with regard to the
nature of goods loaded in the vehicle. The petitioner is in
custody since 04.09.2025 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 after framing
of charge, if not already framed, 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 Piprakothi P.S. Case No. 302 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.7981 of 2026(2) dt.10-02-2026
3/3
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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