Ram Naresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41617 of 2026 Arising Out of PS. Case No.-447 Year-2026 Thana- GARKHA District- Saran ====================================================== Ram Naresh Ram S/O- Chandeshwar Ram R/O village - Mahamda, P. S - Garkha, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-06-2026 Heard Mr. Hemant Kumar, learned counsel for the petitioner and Mr. Nand Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 19.04.2026, in connection with Garkha P.S. Case No. 447 of 2026, F.I.R. dated 19.04.2026 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.

3. Recovery is of 56.00 litres of country made liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It appears from the F.I.R. that altogether 56.00 litres of country made liquor was recovered from the place of occurrence. It appears from the seizure list that the seizure list witnesses are police personnel so there is non compliance of Sections 103 and 105 of the B.N.S.S., 2023. The petitioner is in

Patna High Court CR. MISC. No.41617 of 2026(2) dt.30-06-2026 2/3 custody since 19.04.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one.

6. Considering the facts and circumstances of the case and the fact that nothing has been recovered from the conscious possession of the petitioner and there is non compliance of Sections 103 and 105 of the B.N.S.S., 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 01st Exclusive Special Excise Court, Saran at Chapra in connection with Garkha P.S. Case No. 447 of 2026, subject to the following conditions :-

(1) 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.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall

Patna High Court CR. MISC. No.41617 of 2026(2) dt.30-06-2026 3/3 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.

(Rajesh Kumar Verma, J) Ibrar//- U T