Patna High Court
Ram Krishna Kumar @ Ram Krishna Sah @ JalwaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding insufficient direct evidence of his possession of the contraband and noting that the NDPS Act does not apply.
Summary
The petitioner, Ram Krishna Kumar, was arrested in connection with a case alleging possession of 33 litres of liquor, 28 litres of cough syrup, a pistol and live cartridges recovered from his joint family house. He sought bail, contending that no incriminating items were found in his personal possession and that his name was linked only through a co-accused's confession. The State opposed bail, relying on the charge‑sheet under the Bihar Prohibition and Excise Act and the Arms Act, and cited a gazette notification treating certain medicines as intoxicants. The court noted that the NDPS Act did not apply and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering the lack of direct evidence against the petitioner and the period of custody already served, the court granted bail with conditions. The petitioner was released on bail upon furnishing a bond of Rs. 15,000 with two sureties and complying with stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act and the Arms Act.
- Whether the NDPS Act is applicable to the present case.
- Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with.
Legislation cited
- Arms Act — s. 25(1-b)a, 26(2), 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- NDPS Act
Subjects
- bail
- Bihar Prohibition and Excise Act
- Arms Act
- confessional statement
- joint family house
- Section 103
- NDPS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83083 of 2025
Arising Out of PS. Case No.-993 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
Ram Krishna Kumar @ Ram Krishna Sah @ Jalwa S/O Jai Narayan Sah
Resident Of Gandhi Path Ward No. 14, P.s.- Saharsa, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Saharsa
P.S. Case No. 993 of 2025 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act and
25(1-b)a, 26(2), 35 of the Arms Act.
3. The prosecution case, in short, is that total 33 litres
of liquor, 28 litres of cough syrup, one country-made pistol and
42 live cartridges have been recovered from the house of the
petitioner.
4. Learned counsel for the petitioner submitted that the
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petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. The name of the petitioner
transpired in this case on the basis of confessional statement of
the apprehended co-accused. Learned counsel further submitted
that the recovery has been made from the joint house of the
petitioner where other family members of the petitioner also
reside. Learned counsel further submitted that police after
investigation have submitted charge-sheet under the provisions
of Bihar Prohibition and Excise Act and Arms Act. The
petitioner has got no concern with the alleged recovery. The
petitioner is in custody since 30.08.2024 and has four criminal
antecedents. There is no compliance of Section 103 of the
Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner. Learned APP further
submitted that charge-sheet has been submitted in this case
under the provisions of the Bihar Prohibition and Excise Act as
also of the Arms Act. Learned APP further submitted that vide
gazette notification dated 18.10.2016, the Government of Bihar
has notified that all medicines or medical preparations
containing (i) Codeine and (ii) Dextropropoxyphene as
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ingredients be treated to be intoxicants for the purposes of the
Bihar Prohibition and Excise Act, 2016.
6. From a perusal of the records, it appears that the
present case has been instituted under the provision of the Bihar
Prohibition and Excise Act along with the provisions of Arms
Act and upon completion of investigation, the police have
submitted charge sheet under the same provisions. Therefore,
the provisions of the NDPS Act are neither attracted nor
applicable to the present case.
7. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail 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 Saharsa P.S. Case
No. 993 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. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
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bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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