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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail upon arrest or surrender before the Trial Court within four weeks, on furnishing bail bond of Rs. 30,000/- each as per Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the learned District and Additional Sessions Judge-IV-cum-Exclusive Special Excise Judge-II, Gopalganj, subject to the conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in Mirganj P.S. Case No. 624 of 2025 for the offence punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, should be released on bail.

Court's answer

In the facts and circumstances of the case, the petitioner is to be released on bail, in the event of his arrest or surrender before the Trial Court within four weeks, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand only) as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the learned District and Additional Sessions Judge-IV-cum-Exclusive Special Excise Judge-II, Gopalganj.

Ratio / Principle

The release on bail is made subject to the conditions laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, in connection with the aforementioned case.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Dr. Anshuman, J), order dated 03-06-2026 — Petitioner apprehends arrest in Mirganj P.S. Case No. 624 of 2025 (lodged 29.12.2025) under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, involving alleged recovery of 1.5 litres of illicit liquor. Counsel submitted the petitioner is innocent, nothing was recovered from his possession, he is not named in the FIR, his name surfaced only as registered owner of the motorcycle involved, and his antecedent is clean; the learned APP opposed the prayer but conceded the clean antecedent. The Court granted bail: petitioner to be released on bail upon arrest or surrender within four weeks, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand only) each as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the learned District and Additional Sessions Judge-IV-cum-Exclusive Special Excise Judge-II, Gopalganj, subject to the conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36374 of 2026

Arising Out of PS. Case No.-624 Year-2025 Thana- MIRGANJ District- Gopalganj

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

Ram Kumar Singh Son of Ram Prasad Singh Resident of Village- Bhojhata, P.S.- Pachphera, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

For the Petitioner/s : Mr.Kumar Harshvardhan, Advocate For the Opposite Party/s : Mr.Upendra Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL ORDER

2 03-06-2026 The Court proceeding is being conducted through

virtual mode.

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner who apprehends arrest in connection with Mirganj P.S. Case No. 624 of 2025 lodged on 29.12.2025, for the offences punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

As per the prosecution, total recovery of 1.5 liters illicit liquor, is the subject matter of the present case.

Patna High Court CR. MISC. No.36374 of 2026(2) dt.03-06-2026 2/3

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, nothing has been recovered from the possession of the petitioner nor he is named in the FIR but name of the petitioner has surfaced in this case only due to the reason that the petitioner is the registered owner of the motorcycle from which the alleged recovery was shown. Learned counsel for the petitioner further submits that the accused persons have taken vehicle of the petitioner for some work and the petitioner was not aware about carrying of illicit liquor on his motorcycle. However, he undertakes that in future he shall not repeat such mistake. The antecedent of the petitioner is clean.

Learned APP for the State opposes the prayer for bail but concedes that the antecedent of the petitioner is clean.

7 . In the facts and circumstances of the case, let the above-named petitioners be released on bail, in the event of their arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/-₹ (Rupees Thirty Thousand only) each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 , to the satisfaction of the learned District and Additional Sessions

Judge-IV- cum-Exclusive Special Excise Judge-II,

Patna High Court CR. MISC. No.36374 of 2026(2) dt.03-06-2026 3/3

Gopalganj , in connection with the aforementioned case, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 .

(Dr. Anshuman, J)

Ashwini

U T