Taga Ram Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Taga Ram Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner 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 Special Judge Excise Court No.I, Rohtas at Sasaram in connection with Excise(Sadar) P.S. Case No. 746 of 2025, subject to conditions on trial cooperation/attendance, non-tampering with evidence and witnesses, and verification of criminal antecedents by the court below.

Issue for consideration

Whether the petitioner, in custody since 24.12.2025 in Chenari P.S. Case No. 515 of 2025 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, should be released on bail. +1 more

Court's answer

Considering the facts and circumstances, the petitioner's clean antecedent and the non-compliance of Section 103 and 105 of BNSS, the court directed release of the petitioner 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 Special Judge Excise Court No.I, Rohtas at Sasaram in connection with Excise(Sadar) P.S. Case No. 746 of 2025.

Ratio / Principle

Bail granted subject to conditions: cooperation in trial and physical presence on dates fixed (bail bond cancellable on absence on two consecutive dates without sufficient reason); prosecution at liberty to move for cancellation if the petitioner tampers with evidence or witnesses; and the court below to verify the petitioner's criminal antecedent and take steps for cancellation of the bail bond if concealment is found, while acceptance of bail bonds is not to be delayed for or in the name of verification.

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Rajesh Kumar Verma, J.), order dated 17-03-2026 in Crl. Misc. No. 16882 of 2026 arising out of Chenari P.S. Case No. 515 of 2025 (F.I.R. dated 23.12.2025), Rohtas district: Taga Ram, in custody since 24.12.2025 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, involving recovery of 6271.88 liters of foreign liquor, released on bail on the court's consideration of his clean antecedent and the non-compliance of Section 103 and 105 of BNSS; bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court No.I, Rohtas at Sasaram in connection with Excise(Sadar) P.S. Case No. 746 of 2025, subject to conditions — cooperation in trial and physical presence (bond cancellable on absence on two consecutive dates without sufficient reason), liberty to prosecution to seek cancellation on tampering with evidence or witnesses, and verification of criminal antecedents by the court below with cancellation if concealed, without delaying acceptance of bail bonds for verification.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16882 of 2026

Arising Out of PS. Case No.-515 Year-2025 Thana- CHENARI District- Rohtas

======================================================

Taga Ram S/o Poonama Ram @ Punama Ram R/o vill - Godaro Ki Dhani (Kum Paliya), P.S.- Gidha, Distt.- Barmer

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 17-03-2026

Heard Mr. Ranjit Kumar Thakur, learned counsel for

the petitioner and Mr. Gauri Shankar Gupta, learned Additional Public Prosecutor for the State.

Petitioner seeks bail who is in custody since 24.12.2025 in connection with Chenari P.S. Case No. 515 of 2025, F.I.R. dated 23.12.2025 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Recovery is of 6271.88 liters of foreign liquor.

Learned counsel for the petitioner submits that

petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from truck in question and the

Patna High Court CR. MISC. No.16882 of 2026(2) dt.17-03-2026 2/3

petitioner has been made accused merely on the basis that he is the driver of the vehicle in question. He further submits that there is non-compliance of Section 103 and 105 of BNSS and the petitioner is in custody since 24.12.2025.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances and the fact that the petitioner has clean antecedent and there is non-compliance of Section 103 and 105 of BNSS 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 Special Judge Excise Court No.I, Rohtas at Sasaram in connection with Excise(Sadar) P.S. Case No. 746 of 2025, 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 witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.16882 of 2026(2) dt.17-03-2026 3/3

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/-

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