Patna High Court

Ravi Kumar @ Ravi ChaudharyversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner with specified bond and conditions.

Summary

The petitioner, Ravi Kumar, was arrested on 27-11-2025 after 200 litres of country-made liquor were recovered from a vehicle, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely a passenger, not the owner or driver, and had no knowledge of the contraband, asserting innocence despite two prior criminal antecedents. The State opposed bail, while the petitioner’s counsel argued lack of incriminating material in his possession and non‑compliance with Section 103 of the BNSS, 2023. The Court, considering the circumstances and duration of custody, decided to grant bail, imposing a bond of Rs.15,000 with two sureties and conditions regarding family surety and appearance in court. The order released the petitioner on bail subject to these conditions.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents.
Whether the lack of possession of the contraband and the petitioner’s role as a passenger justify bail.

Subjects

bail
prohibition law
excise
criminal procedure
Section 30(a)
Section 103
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1037 of 2026
                  Arising Out of PS. Case No.-630 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Ravi Kumar @ Ravi Chaudhary S/O Late Achchhe Lal Chaudhary @ Akshay
                 Lal Choudhary R/O Vill.- SargattiP.S- Garkha,Dist- Saran at Chapra
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajit Kumar Singh, Adv.
                 For the Opposite Party/s :      Ms. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Chapra

                   Muffasil PS Case No. 630 of 2025 instituted for the offences under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 200 liters of

                   country made liquor was recovered from the auto and the

                   petitioner was arrested on the spot.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner submits that the petitioner is neither the owner

                   nor the driver of the vehicle in question but merely a passenger
           Patna High Court CR. MISC. No.1037 of 2026(2) dt.19-01-2026
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                     and he has no knowledge regarding the nature of goods kept in the

                     vehicle. The petitioner is in custody since 27.11.2025 and has got

                     two criminal antecedents. There is no compliance of Section 103

                     of the BNSS, 2023.

                             5. Learned A.P.P. for the State has vehemently opposed the

                     prayer for grant of bail to the petitioner.

                             6. Considering the aforesaid facts and circumstances of the

                     case and the period of custody undergone by the petitioner, this

                     Court is inclined to grant bail to the petitioner.

                             7. Let the petitioner be released on bail on furnishing bail

                     bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Chapra Muffasil PS Case No. 630 of

                     2025, subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date fixed

                     at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-
U      T
Patna High Court CR. MISC. No.1037 of 2026(2) dt.19-01-2026
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