Patna High Court
Rajesh RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- B.N.S.S., 2023 — s. 103
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
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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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