Bharat Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1748 of 2026 Arising Out of PS. Case No.-1465 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Bharat Ram Son of Late Krishna Ram Resident of Village- Ambedkar Road, Ambedkar Nagar, Colony (Sampatechak), P.S -Sultanganj, Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Maruti Kumari, Adv.

For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise PS Patna Case No. 1465 of 2025 instituted for the offences under Sections 30(a) & 56(b) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 20 liters of country made liquor was recovered from the scooty and the petitioner was arrested on the spot.

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. Learned counsel

Patna High Court CR. MISC. No.1748 of 2026(2) dt.19-01-2026 2/3 for the petitioner submits that the petitioner is the owner of the said scooty and has been implicated in this case by the police with ulterior motive. The petitioner is in custody since 03.09.2025 and has got five criminal antecedents. There is no compliance of Section 103 of the BNSS, 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 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, after framing of charge, if not already framed, 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 Excise PS Patna Case No. 1465 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.

Patna High Court CR. MISC. No.1748 of 2026(2) dt.19-01-2026 3/3 (III) 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) Siddharth Soni/- U T