Patna High Court
Ratan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
Ratan Kumar was arrested as a pillion rider on a motorcycle from which 27.765 liters of foreign liquor were seized, leading to charges under Sections 30(a), 32(i)(iii), 42(i) and 42(ii) of the Bihar Prohibition and Excise Act. The petitioner contended that he was not the owner of the vehicle, had no possession of the liquor, and was falsely implicated by the police, also noting a lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, while the petitioner, already in custody since 3 December 2025 and having one prior criminal antecedent, sought release. The Court, after considering the facts and the period of custody, decided to grant bail. The order directed the petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act charges given the circumstances of alleged false implication and lack of incriminating material.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- foreign liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- pillion rider
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1828 of 2026
Arising Out of PS. Case No.-728 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Ratan Kumar Son of Pawan Kumar Singh Yadav Resident of Village - Usari,
P.S. - Mohania, District - Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Adv.
For the Opposite Party/s : Mr. Ajay Kumar No. 2, 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 Bhabua
Excise PS Case No. 728 of 2025 instituted for the offences
under Sections 30(a), 32(i)(iii), 42(i),(ii) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 27.765 liters of
foreign liquor was recovered from the motorcycle.
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
Patna High Court CR. MISC. No.1828 of 2026(2) dt.19-01-2026
2/2
for the petitioner submits that the petitioner is not the owner of
the said motorcycle, he was the pillion rider and has been
implicated in this case by the police with ulterior motive. The
petitioner is in custody since 03.12.2025 and has got one
criminal antecedent. 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 Bhabua Excise PS Case No. 728 of
2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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