Patna High Court
Rakesh Ram @ Rakesh Kumar Ram @ Rakesh Ram RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner on condition of a Rs.10,000 bond and two sureties.
Summary
The petitioner, Rakesh Ram, was charged under Section 30(a) of the Bihar Excise Act for allegedly recovering 60 litres of liquor from a canal area in Nipaniya village. He has three prior excise cases and has been in custody since 23 October 2025. The petitioner argued that he was not apprehended at the scene, no liquor was found in his possession, and the alleged location is public and accessible, suggesting a mechanically driven investigation. The State opposed bail. The court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the trial court’s satisfaction.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Excise Act given the circumstances of the alleged offence and prior cases.
Subjects
- bail
- excise law
- Bihar Excise Act
- Section 30(a)
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91137 of 2025
Arising Out of PS. Case No.-149 Year-2025 Thana- ISUAPUR District- Saran
======================================================
Rakesh Ram @ Rakesh Kumar Ram @ Rakesh Ram Ram Son of Shiv
Shankar Ram @ Shankar Ram Resident of Village- Asaiya, P.S.- Marhowrah,
District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the excise act and
allegation is of recovery of 60 liters of liquor from a place near
a canal at village Nipaniya.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.91137 of 2025(2) dt.30-01-2026
2/2
and is accessible to villagers at large and he came to be
implicated at the instance of Chowkidar, but then it is submitted
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either at the instance
of Chowkidar, local person, confessional statement or secret
information without holding a proper investigation. It is further
submitted that petitioner is in custody since 23.10.2025.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Isuapur
P.S. Case No. 149 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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