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Patna High Court

Rakesh Ram @ Rakesh Kumar Ram @ Rakesh Ram RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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