Ramesh Kumar @ Ramesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20433 of 2026 Arising Out of PS. Case No.-16 Year-2026 Thana- Excise Dumraon District- Buxar ====================================================== Ramesh Kumar @ Ramesh Kumar Singh S/o- Late Shyam Bihari Singh Resident of village- Nawanagar PS-Nawanagar District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohit Shriwastava, Advocate For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-03-2026 Heard Mr. Mohit Shriwastava, learned counsel for the petitioner and Mr. Humayou Ahmad Khan, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 26.02.2026 in connection with Excise Dumraon P.S. Case No. 16 of 2026, F.I.R. dated 25.02.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 1.260 liters of illegal foreign liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that from bare perusal of the FIR it appears that there is non-compliance of Section 100 of
Patna High Court CR. MISC. No.20433 of 2026(2) dt.26-03-2026 2/3 Cr.P.C/103 of BNSS and the petitioner is in custody since 26.02.2026.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that recovery has been made from the house of the petitioner and apart from that petitioner carries three criminal antecedents other than the present one of similar nature but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matters.
6. Considering the aforesaid 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 the learned Exclusive Excise Special Judge, Excise Court No.2, Buxar in connection with Excise Dumraon P.S. Case No. 16 of 2026, subject to the following conditions:- 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 tampers with the evidence or the
Patna High Court CR. MISC. No.20433 of 2026(2) dt.26-03-2026 3/3 witnesses, 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 antecedent, 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.
(Rajesh Kumar Verma, J) Suruchi/- U T