IN THE COURT OF EXCLUSIVE SPECIAL EXCISE COURT No- 1st BHOJPUR, ARA

B.P. No. 922 of 2023

Arising out of Ara Nawada P.S. Case No. 37/2023
(Registered u/s 30(a) Bihar Prohibition & Excise Amendment Act 2018 )

Ranjan Kumar ..............Petitioner

Versus
State of Bihar ....... Opposite Party

04.03.2023 This regular bail petition has been filed on behalf of above named accused/petitioner
who is in custody since 22.01.2023 in connection with Ara Nawada P.S. Case No. 37/2023
registered under Section 30(a) Bihar Prohibition & Excise Amendment Act 2018.
Heard the learned counsel on behalf of petitioner as well as learned Special P.P. for the
State.
The learned counsel for accused/petitioner submitted that the petitioner is quite innocent
and has committed no offence. He further submitted that no occurrence did took place as alleged
by the informant and as such the regular bail petition of the petitioner be disposed of today.
Learned Special. P.P however opposed the prayer of bail.
Perused the record. From perusal of the contents of FIR and seizure list related to the
recovery of wine, it is evident that prima facie case under Section the Bihar Prohibition & Excise
(Amendment) Act 2018 is made out against the petitioner. It should be noted that as per the
preamble of Bihar Prohibition & Excise Act, 2016, the present act is to enforce, implement and
promote complete Prohibition of Liquor and intoxicants in the territory of the State of Bihar and
as per Section 30 of the said Act, which is concerned with the offence related to penalty for
unlawful manufacture, import, export, transport, possession, sale, purchase, distribution etc. of
liquor (intoxicant) by which the said offence is punishable with the imprisonment for the term
which may extent to life and with fine which may extend to Ten lakh rupees and as per proviso
(a) of that Section subject the punishment for the first offence shall not be less than five years
imprisonment and fine of not less than one lakh rupees and as per proviso (b) of that Section the
punishment for the second and subsequent offences shall not be less than ten years rigorous
imprisonment and fine of not less than Five lakh rupees.
It is to be noted that as per contents of the FIR and material available on the record it is
evident that the petitioner is indulged in business of wine and as per seizure list total 113 liters
wine was recovered from joint the possession of the petitioner which is huge quantity. The case is
under investigation. Earlier bail of co-accused has been rejected by this court.
Considering the facts and circumstances of the case, the nature and gravity of accusation
and since the matter is connected with the offence under the aforementioned Bihar Prohibition &
Excise Act, 2018 and considering the severity of the punishment in the event of conviction, it is
not proper, legal and judicious to enlarge accused person on bail. The regular bail application
filed by petitioner is liable to be rejected. Hence the regular bail application filed by the petitioner
is hereby rejected.
Dictated and Corrected
Sd/-
Exclusive Special Excise Court-1
Bhojpur, Ara,
Dated :- 04.03.2023