Patna High Court
Ravi Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail because the seized liquor was not in the petitioner's conscious possession and the seizure violated statutory provisions.
Summary
Petitioner Ravi Ranjan Kumar was arrested on 2 April 2026 in connection with a case involving the alleged possession of 160 litres of country-made liquor seized from a motorcycle, under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022. The petitioner contended that he was not the owner of the motorcycle, that the liquor was not found in his conscious possession, and that the seizure violated Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting a similar pending case against the petitioner. The court, noting the lack of conscious possession and the procedural lapses in the seizure, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedents, with bail cancellation provisions for non‑compliance.
Issues considered
- Whether bail should be granted to the petitioner given the facts of the case.
- Whether the seizure of liquor complied with Sections 103 and 105 of the BNSS, 2023.
- Whether the petitioner’s prior criminal antecedents affect the grant of bail.
Legislation cited
- Bihar Narcotic and Substance Seizure Act, 2023 — s. 103, 105
- Bihar Prohibition & Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- seizure
- conscious possession
- statutory compliance
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38100 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- AMBA District- Aurangabad
======================================================
Ravi Ranjan Kumar S/o Uday Yadav R/o vill - Bela, P.s. - Amba, Distt.-
Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha-1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-06-2026 Heard Mr. Bindeshwar Prasad Singh, learned
counsel for the petitioner and Ms. Pushpa Sinha-1, learned APP
for the State.
2. Petitioner seeks bail, who is in custody since
02.04.2026, in connection with Amba P.S. Case No. 56 of 2026,
F.I.R. dated 01.04.2026 registered for the offences punishable
under Sections 30(a) of the Bihar Prohibition & Excise
Amendment Act, 2022.
3. Recovery is of 160.00 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. 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 recovery has been
Patna High Court CR. MISC. No.38100 of 2026(2) dt.17-06-2026
2/3
made from the motorcycle in question and altogether 160.00
lires of country made liquor was recovered from the motorcycle
in question. He further submits that the petitioner is not owner
of the motorcycle in question and he has no concern at all with
the alleged recovery of illicit liquor or the motorcycle in
question and the seizure list witnesses are police personnel so
there is non-compliance of Sections 103 and 105 of BNSS, 2023
and the petitioner is in custody since 02.04.2026.
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 one more case
of similar nature 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 BNSS, 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 District &
Additional Sessions Judge-cum-Exclusive Special Judge, Excise
Court No. 1, Aaurangabad in connection with Amba P.S. Case
No. 56 of 2026, subject to the following conditions :-
Patna High Court CR. MISC. No.38100 of 2026(2) dt.17-06-2026
3/3
(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
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
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