Laxman Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39236 of 2026 Arising Out of PS. Case No.-118 Year-2026 Thana- SURYAPURA District- Rohtas ====================================================== 1.
Laxman Ram, S/O Late Mahajid Ram, R/O Village- Balihar Musahartoli, P.S- Suryapura, District- Rohtas, Bihar.
2.
Tengar Ram, S/O Late Chait Mushar, R/O Village-Balihar Musahartoli, P.SSuryapura, District- Rohtas, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Singh, Advocate.
For the State :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 17-06-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Suryapura P.S. Case No. 118 of 2026 dated 5.4.2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise (Amendment) Act, 2018.
3. As per allegation, the Police got secret information that the petitioners and other co-accused Bhagwan Musahar were selling illicit liquor and when the Police reached the house of the petitioners, they found that two persons after hiding the illicit liquor in a ditch started fleeing away and they were successful in fleeing away. The Police also found that one
Patna High Court CR. MISC. No.39236 of 2026(2) dt.17-06-2026 2/3 person from half constructed house also fled away. All these persons were identified as petitioners and one co-accused Bhagwan Ram who is not petitioner herein. It is also further case of he Police that 67 litres of illicit liquor has been recovered which was hidden in the earth.
4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that there is no legally admissible evidence against the petitioners and the case is based only on suspicion and so-called identification of the petitioners by local Chowkidar. It is nothing but false implication of the poor persons by the police to make their score.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner No. 1 has no criminal antecedent whereas petitioner No. 2 has been made accused in another case of similar nature.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.39236 of 2026(2) dt.17-06-2026 3/3 this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned court below, in connection with Suryapura P.S. Case No. 118 of 2026, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedent other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) S.Ali/- U T