Patna High Court
Shri Narayan RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners, finding no sufficient ground to deny release.
Summary
The petitioners, Shri Narayan Ram and Amar Kumar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 67 litres of country‑made liquor were recovered from their jointly occupied house. They contended that they had no conscious possession of the liquor, had no criminal antecedents, and that the recovery was made from a house shared with other family members. The State opposed bail, arguing the seriousness of the offence. The Court noted the lack of incriminating material in the petitioners' possession, the short period of custody since 28‑11‑2025, and the non‑compliance of Section 103 of the BNSS, 2023, and consequently decided to grant bail. Each 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 under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of conscious possession and prior criminal record.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illicit liquor
- criminal procedure
- Section 103 BNSS
- no prior record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91057 of 2025
Arising Out of PS. Case No.-210 Year-2025 Thana- SIWAIPATTI District- Muzaffarpur
======================================================
1. Shri Narayan Ram Son of Late Amir Ram Mohalla - Harser, Police Station -
Siwaipatti, District - Muzaffarpur
2. Amar Kumar Son of Shri Narayan Ram Mohalla - Harser, Police Station -
Siwaipatti, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with
Siwapatti PS Case No. 210 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 67 liters
country made liquor and other manufacturing articles were
recovered from the house of the petitioners.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.91057 of 2025(2) dt.12-01-2026
2/2
got no concern with the alleged recovery of liquor. It is
submitted that recovery is made from the joint house of the
petitioners, where other family members also reside. The
petitioners are in custody since 28.11.2025 and has got no
criminal antecedent/s. 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Siwapatti PS Case
No. 210 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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