Patna High Court

Rampravesh KumarversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL GRANTED
Bench: RITESH KUMAR

Holding

The Court granted bail to the petitioner subject to a bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Rampravesh Kumar, was apprehended for alleged sale of liquor under Section 30(a) of the Bihar Prohibition and Excise Act after police, acting on secret information, seized 28 litres of country-made liquor from an open area near his house. The petitioner contended that the liquor was not in his conscious possession and that the seizure violated the procedural requirements of Section 103 of the Bihar Narcotic Substances Act. The State opposed his bail application, citing the seriousness of the offence and the petitioner’s prior criminal record. The Court examined the arguments and, while noting the procedural lapse, granted bail on the condition of a Rs.10,000 bond with two sureties and subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the B.N.S.S. The order directed that bail not be delayed for verification purposes but allowed cancellation if the antecedent was concealed.

Issues considered

Whether the seizure of liquor complied with the procedural requirements of Section 103 of the Bihar Narcotic Substances Act.
Whether bail should be granted to the petitioner under the circumstances of the alleged offence and his criminal antecedent.

Legislation cited

Bihar Narcotic Substances Act — s. 103, 482(2)

Subjects

bail
prohibition law
excise
seizure
criminal antecedent
Section 30
Section 103
Section 482
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.18077 of 2026
                      Arising Out of PS. Case No.-16 Year-2026 Thana- Manikpur District- Lakhisarai
                 ======================================================
                 Rampravesh Kumar Son of Badan Sahani @ Ram Badan Sahni Resident of
                 Village- Kharpur (Kawadpur) PS- Manikpur District -Lakhisarai

                                                                                     ... ... Petitioner/s

                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Santosh Kumar Singh, Advocate
                 For the State            :        Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   25-03-2026                    Heard the learned counsel for the petitioner and the

                   learned A.P.P. for the State.

                                  2. The petitioner apprehends his arrest in connection

                   with Manikpur P.S. Case No.16 of 2026, for having allegedly

                   committed offence under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                  3. As per the prosecution story, on secret information

                   that the petitioner was selling liquor behind his house, the police

                   along with local Chowkidar reached the place and saw one

                   person sitting with a sack. Upon seeing the police, the said

                   person fled away and during search 28 litres of country made

                   liquor was recovered.
Patna High Court CR. MISC. No.18077 of 2026(2) dt.25-03-2026
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                       4. The learned counsel for the petitioner submits that

          the petitioner is innocent and nothing was recovered from his

          conscious possession and the recovery has been made from an

          open place. The seizure list has been prepared in complete

          violation of the procedure contained under Section 103 of the

          B.N.S.S. The petitioner has got one criminal antecedent.

                       5. The learned A.P.P. for the State opposes the prayer

          for bail.

                       6. Having considered the rival submissions, let the

          petitioner, above-named, in the event of his arrest or surrender

          within a period of six weeks, be released on bail on furnishing a

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          District & Additional Sessions Judge-IV-cum-Special Excise

          Judge, 1st, Lakhisarai in connection with Manikpur P.S. Case

          No.16 of 2026, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S. with a 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 steps for cancellation of bail bond of the

          petitioner. However, the acceptance of bail bond in terms of the
               Patna High Court CR. MISC. No.18077 of 2026(2) dt.25-03-2026
                                                           3/3




                         above-mentioned order shall not be delayed for purpose of or in

                         the name of verification.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T

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