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Patna High Court

Rajesh RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Rajesh Ram, was arrested in connection with a case alleging possession of 50 litres of liquor recovered from a drum, charged under Sections 30(a), 30(d) and 41 of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, no incriminating material was found on him, and the recovery was from an open, publicly accessible place. The petitioner also highlighted his clean criminal record, the short period of custody since 24‑12‑2025, and the alleged non‑compliance with Section 103 of the B.N.S.S., 2023. The State opposed bail, but the Court, considering the facts, the petitioner’s clean antecedent and the circumstances of the case, decided to grant bail. He was ordered to be released on furnishing 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 the Bihar Prohibition and Excise Act in view of the facts of the case
  • Whether the non‑compliance with Section 103 of the B.N.S.S., 2023, precludes the grant of bail
  • Whether the petitioner poses a flight risk or risk of tampering with evidence

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • Section 103 B.N.S.S.
  • clean antecedent
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9127 of 2026
                     Arising Out of PS. Case No.-352 Year-2025 Thana- GOVINDPUR District- Nawada
                 ======================================================
                 Rajesh Ram Son of Late Lakhan Ram Resident of Village- Srkanda, P.S.-
                 Govindpur, District- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Man Mohan Kumar, Advocate
                 For the Opposite Party/s :      Mr.Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Govindpur P.S. case No.

                   352 of 2025 instituted for the offences under Sections 30(a),

                   30(d) and 41 of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 50 liters liquor

                   was recovered from drum.

                               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 no concern with the alleged recovery of liquor. It is

                   further submitted that recovery is made from open place which
           Patna High Court CR. MISC. No.9127 of 2026(2) dt.12-02-2026
                                                       2/2




                     is easily accessible to one and all. The petitioner is in custody

                     since 24.12.2025 and has got no criminal antecedent. There is

                     no compliance of Section 103 of B.N.S.S., 2023.

                                 5. Learned A.P.P. 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, clean antecedent                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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Govindpur P.S. case

                     No. 352 of 2025.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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