Created by Fuzzy Cloud

Patna High Court

Naresh RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.