Patna High Court
CR. MISC./58539/2026 of Rama Shankar Prasad Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58539 of 2026 Arising Out of PS. Case No.-44 Year-2022 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Rama Shankar Prasad Son of Late Budhram Prasad Resident of Village- Lakhnaura, P.S.-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58539 of 2026
Arising Out of PS. Case No.-44 Year-2022 Thana- VISHAMBHARPUR District- Gopalganj ======================================================
Rama Shankar Prasad Son of Late Budhram Prasad Resident of Village- Lakhnaura, P.S.- Basantpur, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Pritish Ranjan, Adv.
For the Opposite Party/s :
Mr. Braj Kishore Pd.(APP)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioners as well as learned A.P.P. on behalf of the State.
2. The Petitioner is accused in a case registered for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the allegation made in the F.I.R., 1095.40 litres of illicit liquor is alleged to have been recovered from a pick-up van.
4. Learned counsel for the petitioner submits that he has not been named in the F.I.R. and that his name has been dragged in the present case only on the ground that he is the rightful owner of the seized vehicle. Learned counsel further submits that the petitioner had no knowledge of the fact that the articles had been concealed in the said pick-up van. It is further Patna High Court CR. MISC. No.58539 of 2026(2) dt.19-08-2026
submitted that the petitioner has a clean antecedent and he has been in custody since 26.05.2026.
5. Learned A.P.P. appearing on behalf of the State has opposed the application.
6. Taking into consideration the entire facts and circumstances of the case, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Excise Court- II, Gopalganj, in connection with Bishambharpur P.S. Case No. 44/2022, subject to the following conditions:-
(i) The petitioner shall cooperate in the disposal of trial.
(ii) One of the bailors must be close relatives of the petitioner such as mother, father, brother, sister or wife.
(iii) The petitioner will appear on each and every date fixed by the trial court and if, they fails to do so on two consecutive dates, unless they are prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner.
(iv) If petitioner repeat the offence of similar nature, his bail bond shall be liable to be cancelled by Court below after Patna High Court CR. MISC. No.58539 of 2026(2) dt.19-08-2026
following due process of law.
(v) Before release, the learned Court below shall verify the criminal antecedent of the petitioner and if the petitioner is found involved in any case other than the case as mentioned in para-3 of the bail petition, the bail bond of the petitioner will not be accepted.
(vi) It is also made clear that there shall not be any delay in verifying the criminal antecedent of the petitioner.
Prachi/- (Raj Kumar, J) U T