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Patna High Court

Raju RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Raju Ram, applied for regular bail in a case involving alleged offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, relating to the recovery of 171 litres of country-made liquor from a bush. The petitioner contended that the liquor did not belong to him, was recovered from land that was not his, and that the allegations were fabricated. He had been in custody since 4 January 2026. The court examined the facts and, noting the lack of evidence of possession and the petitioner's claim of fabrication, ordered his release on bail. Bail was granted on a bond of Rs.10,000 with two sureties, subject to his cooperation with the trial proceedings.

Issues considered

  • Whether regular bail should be granted to the petitioner for offences under Sections 272, 273 IPC and Section 30(a) Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • IPC 272
  • IPC 273
  • Bihar Prohibition and Excise Act
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9136 of 2026
                   Arising Out of PS. Case No.-204 Year-2021 Thana- SIWAN MUFFASIL District- Siwan
                 ======================================================
                 Raju Ram S/o Late Mahesh Ram R/o Village- Bhatwaliya, P.S- Siwan
                 Muffasil, Dist- Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Kumar Pandey
                 For the Opposite Party/s :      Mr.Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   16-02-2026                          Heard the learned counsel for the parties.

                                      2. This is an application for regular bail on behalf

                   of the petitioner for the offences alleged under Sections 272/273

                   of the IPC and Section 30(a) of the Bihar Prohibition and Excise

                   Act, registered in connection with Siwan Muffasil P.S.Case No.

                   204/2021.

                                 3.   As per allegation, 171 litres of country-made

                   liquor was recovered from a bush which was disclosed by the

                   nearby people that the liquor so recorded belonged to the

                   petitioner.

                                 4.    The learned counsel for the petitioner has

                   submitted that the entire allegation is false and fabricated.

                   Nothing was recovered form his conscious possession. The
           Patna High Court CR. MISC. No.9136 of 2026(2) dt.16-02-2026
                                                       2/2




                     alleged recovery of illicit liquor has been made from a bush

                     which is not the land of the petitioner. The petitioner is in

                     custody since 04.01.2026.

                                  5. Considering the above facts and circumstances, let

                     the petitioner, above-named, be released on bail on furnishing

                     bail bond of Rs. 10,000/-(ten thousand) with two sureties of the

                     like amount each to the satisfaction of learned Exclusive Special

                     Judge, Excise-2, Siwan in connection with Siwan Muffasil

                     P.S.Case No. 204/2021, subject to the condition that the

                     petitioner shall cooperate in the disposal of trial and make

                     himself available as and when required by the court.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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