Ram Vishwas Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34130 of 2026 Arising Out of PS. Case No.-283 Year-2025 Thana- BELA District- Sitamarhi ====================================================== Ram Vishwas Sah son of Ram Shreshth Sah Resident of Village -Mujauliya PS- Bela District -Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 18-05-2026 Heard the learned counsel for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Bela P.S. Case No. 283 of 2025, for allegedly having committed offence under Sections 30(a) of Bihar Prohibition & Excise (Amendment) Act 2022.
3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant to the effect that the informant along with police party was on patrolling duty near Shankar Chowk Post and vehicle checking was going on. At around 12:50 during vehicle checking, a person riding a motorcycle was found coming from Nepal. During checking, total 8.55 liters of foreign liquor was recovered and the person, who was riding the motorcycle, was
Patna High Court CR. MISC. No.34130 of 2026(2) dt.18-05-2026 2/3 taken into custody. The liquor and the motorcycle was seized and handed over to the Bela Police Station.
4. The learned counsel for the petitioner submits that the petitioner is the owner of the seized motorcycle and therefore, his name has transpired in the present case. He was not present at the place of occurrence, therefore he has got no concern with the alleged liquor. He further submits that although the motorcycle was stolen from the petitioner but, he did not lodge an FIR. The learned counsel for the petitioner further submits that nothing has been recovered from the petitioner and he has got no concern with the alleged seized 8.55 liters of liquor. The petitioner has got a clean antecedent.
5. The learned APP for the State vehemently opposes the prayer for bail of the petitioner.
6. Having heard the rival submissions and after going through the records, it appears that 8.55 liters of Nepali liquor was seized from one Mahesh Yadav and the name of the petitioner has transpired in the present case only on the basis of the fact that the seized motorcycle, upon which the liquor was being taken away, belongs to the petitioner. The petitioner has got a clean antecedent. Considering the above, let the petitioner, above named, in the event of arrest or surrender within a period
Patna High Court CR. MISC. No.34130 of 2026(2) dt.18-05-2026 3/3 of six weeks, 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 Special Judge, Exclusive Excise Court- I, Sithamari. in connection with Bela P.S. Case No. 283 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned 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 concerned shall take steps 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. (Ritesh Kumar, J) Ajay/Kunal/- U T