Patna High Court

RAM KUMAR @ RAJ KUMAR BIND @ RAJ KUMARversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Ram Kumar, was arrested after 9.54 litres of liquor were recovered from a motorcycle and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not the owner of the motorcycle, no incriminating material was found in his possession, and that his arrest was based solely on suspicion. The State opposed bail, while the petitioner’s counsel highlighted his four prior criminal antecedents on bail and the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court examined the facts, the period of custody since 3 December 2025, and the lack of substantive evidence linking the petitioner to the offence. Concluding that the circumstances did not warrant continued detention, the court granted bail subject to a bond of Rs.15,000 with two sureties and conditions of appearance. The bail order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is a ground to deny bail.
Whether mere suspicion and lack of incriminating material justify continued detention.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
Bihar
criminal procedure
suspect arrest

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90251 of 2025
                   Arising Out of PS. Case No.-312 Year-2025 Thana- CHAND District- Kaimur (Bhabua)
                 ======================================================
                 RAM KUMAR @ RAJ KUMAR BIND @ RAJ KUMAR S/O RAM
                 DARASH BIND R/o vill - Bahuwan, P.S.- Sonhan, Distt.- Kaimur at Bhabua


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :       Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Chand

                   P.S. Case No. 312 of 2025, instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 9.54 liters

                   liquor was recovered from motorcycle and the petitioner was

                   arrested 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

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.90251 of 2025(2) dt.12-01-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submits that the petitioner is not the

          owner of the motorcycle in question and he has been arrested

          only on the basis of suspicion. The petitioner is in custody since

          03.12.2025 and has got four criminal antecedents in which he is

          on bail. 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 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 Chand P.S. Case No.

          312 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
             Patna High Court CR. MISC. No.90251 of 2025(2) dt.12-01-2026
                                                         3/3




                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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