Patna High Court
CR. MISC./59043/2026 of Ramesh Kumar Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59043 of 2026 Arising Out of PS. Case No.-235 Year-2026 Thana- BAISI District- Purnia ====================================================== Ramesh Kumar S/o Shankar Singh R/o Village - Gamail(Ward no. 2), P.S. - Bihariganj, Dist. -
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59043 of 2026
Arising Out of PS. Case No.-235 Year-2026 Thana- BAISI District- Purnia ======================================================
Ramesh Kumar S/o Shankar Singh R/o Village - Gamail(Ward no. 2), P.S. - Bihariganj, Dist. - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Pawan Kumar Singh, Advocate
For the Opposite Party/s:
Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
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ORAL ORDER
19-08-2026 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing for the State.
2. Petitioner is in custody in connection with Baisi P.S. Case No. 235/2026 registered for the offence punishable under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Amendment Act, 2022.
3. As per the allegation in the FIR, total 374.14 litres foreign liquor of different brands were recovered from the alleged Scorpio vehicle bearing Registration No. BR11BW- 8481.
4. Learned counsel for the petitioner submits that the petitioner is innocent, committed no offence and has falsely been implicated in this case merely on the basis of suspicion. He next submits that nothing has been recovered from the Patna High Court CR. MISC. No.59043 of 2026(2) dt.19-08-2026
conscious possession of the petitioner rather the alleged recovery has been made from the Scorpio vehicle. He further submits that though the petitioner is the driver of the said vehicle but he is not the owner of the said vehicle and he was not aware of the fact that illicit liquor was loaded in the vehicle. He further submits that the mandatory provision with regard to search-cum-seizure has not been complied by police in terms of Section 103 of B.N.S.S. He next submits that the petitioner is in custody since 15.06.2026 and he has clean criminal antecedent, as per paragraph 3 of the bail petition.
5. Learned APP appearing on behalf of the State vehemently opposes the prayer for bail of the petitioner and submits that the alleged recovery has been made from the vehicle which was driven by the petitioner, therefore, the petitioner does not deserve regular bail.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Excise Court No-01) at Purnea, in connection with Baisi P.S. Case No. 235/2026, subject to the following conditions:
Patna High Court CR. MISC. No.59043 of 2026(2) dt.19-08-2026
(i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(ii) If the petitioner tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iii) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
dhaneshwar/- (Girijish Kumar, J) U T