Patna High Court

Ravi KumarversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Ravi Kumar was arrested for alleged possession of 241.920 litres of liquor recovered from a vehicle, charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was only the driver, not the owner, had no knowledge of the liquor, and possessed no incriminating article, while also having no prior criminal record. The State opposed his bail application. The court noted the lack of conscious possession, the petitioner’s custodial period since 11‑12‑2025, and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, but found these insufficient to deny bail. Accordingly, the court granted bail on a bond of Rs.15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
liquor seizure
Section 30(a)
Section 103
driver
possession
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12843 of 2026
                      Arising Out of PS. Case No.-347 Year-2025 Thana- Excise P.S. District- Bhojpur
                 ======================================================
                 Ravi Kumar S/o Subhash Singh R/o Suitha, Ward No. 12, P.S.- Parsa Bazar,
                 District- Patna, Bihar



                                                                                      ... ... Petitioner/s
                                                         Versus

                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Gaurav Prakash, Advocate
                 For the Opposite Party/s :        Ms. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Excise

                   Sadar (Ara) P.S. Case No. 347 of 2025 instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 241.920

                   litres of liquor was recovered from car.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.12843 of 2026(2) dt.24-02-2026
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          incriminating article has been recovered from the conscious

          possession of the petitioner. Learned counsel further submitted

          that petitioner is not the owner of the vehicle. It is further

          submitted that petitioner is the driver of the vehicle in question

          but he had no knowledge regarding the goods loaded in the

          vehicle. The petitioner is in custody since 11.12.2025 and has no

          criminal antecedent. There is no compliance of Section 103 of

          the Bharatiya Nagarika Suraksha Sanhita, 2023.

                     5. Learned APP 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/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Excise Sadar (Ara)

          P.S. Case No. 347 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
           Patna High Court CR. MISC. No.12843 of 2026(2) dt.24-02-2026
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                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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