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Patna High Court

Ram Babu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Ram Babu Kumar, a driver of an auto‑rickshaw, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 119.25 litres of liquor were recovered from his vehicle. The petitioner argued that he was falsely implicated, had no possession of the liquor, was not the owner of the vehicle, and had no knowledge of the goods, also noting the absence of any incriminating article on him and his clean criminal record. The State opposed bail, but the court observed that the petitioner had been in custody since 9 October 2025 and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering these circumstances, the court granted bail on a bond of Rs 15,000 with two sureties and imposed conditions regarding appearance, non‑tampering with evidence, and future offences. The bail order was subject to cancellation if the petitioner defaults on appearances or violates the conditions.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.
  • Whether the petitioner’s role as driver without knowledge of the contraband justifies bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • liquor seizure
  • driver liability
  • false implication
  • criminal procedure
  • Section 30
  • Section 103
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91756 of 2025
                       Arising Out of PS. Case No.-94 Year-2025 Thana- MARANCHI District- Patna
                 ======================================================
                 Ram Babu Kumar S/O Arjun Sah @ Arun Sah R/O Village- Baghopur, P.S.-
                 Rosara, Distt.- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ghanshyam Choudhary, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Maranchi P.S. Case No. 94 of 2025 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 119.25

                   litres of liquor was recovered from auto rickshaw.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner is not the owner of the vehicle. It is further
Patna High Court CR. MISC. No.91756 of 2025(2) dt.19-01-2026
                                            2/3




          submitted that petitioner is the driver of the vehicle in question

          but he had no knowledge regarding the goods loaded in the

          vehicle. The petitioner is in custody since 09.10.2025 and has no

          criminal antecedent. There is no compliance of Section 103 of

          the Bharatiya Nagarika Suraksha Sanhita, 2023.

                     5. Learned APP 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 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/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Maranchi P.S. Case

          No. 94 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the petitioner.

                       (III) If the petitioner tampers with the evidence or the
           Patna High Court CR. MISC. No.91756 of 2025(2) dt.19-01-2026
                                                       3/3




                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.

                                  (IV) If the petitioner is found involved in the similar

                     nature of offence in future, the prosecution will be at liberty to

                     move for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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