Patna High Court
Ravindra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties, and specified conditions.
Summary
Ravindra Kumar was arrested on 12 December 2025 in connection with the seizure of 129,600 litres of illicit liquor, alleged to be offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was recovered from a vehicle he did not own, that no liquor was found in his personal possession, and that the investigation violated Sections 103 and 105 of the BNSS, 2023. The prosecution argued that the liquor was recovered from the vehicle, that the petitioner was apprehended with the contraband, and highlighted a prior criminal antecedent. After hearing both sides, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, physical presence, non‑tampering with evidence, and verification of criminal antecedents. The bail order was made subject to the satisfaction of the Exclusive Special Excise Court and allowed the petitioner to remain out of custody pending trial.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged recovery of illicit liquor from the vehicle and his prior criminal antecedent.
- Whether the alleged non‑compliance with Sections 103/105 of the BNSS, 2023, warrants bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illicit liquor
- excise law
- procedural compliance
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16792 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- EXCISE SONPUR District- Saran
======================================================
Ravindra Kumar Son of Sarwa Rai R/o Village - Harna, P.S. - Dariyapuir,
District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyam Raj, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Priyam Raj, learned counsel for the
petitioner and Mr. Raj Kishor Singh, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.12.2025 in connection with Sonepur Excise P.S. Case No.
135 of 2025, F.I.R. dated 12.12.2025 for the offences punishable
under Section 30(a) and 32(3) of the Bihar Prohibition and
Excise Act.
3. Recovery is of 129.600 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been 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 the recovery has
Patna High Court CR. MISC. No.16792 of 2026(2) dt.17-03-2026
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been made from the vehicle in question and petitioner is not the
owner of the said vehicle in question. He further submits that
there is non-compliance of Section 103/105 of the BNSS, 2023.
He further submits that the police after investigation submitted
the charge sheet against the petitioner. The petitioner is in
custody since 12.12.2025.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the recovery has been made from the vehicle in
question and petitioner was apprehended along with the illicit
liquor and apart from that the petitioner carries one criminal
antecedent other than the present one but fairly submits that he
is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Excise Court No.-3, Saran (Chapra) in connection with
Sonepur Excise P.S. Case No. 135 of 2025, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.16792 of 2026(2) dt.17-03-2026
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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.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Vanisha/-
U T
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