Patna High Court
Ratnesh Kumar Mishra @ Ratnesh MishraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner subject to a Rs 10,000 bond and two sureties.
Summary
The petitioner, Ratnesh Kumar Mishra, a driver of a Wagon‑R, was arrested in connection with a case involving the seizure of 1005.84 litres of illicit foreign liquor from two such vehicles. He was charged under Sections 338, 336(3), 318(3) of the Bihar Narcotic Substances Act, 2023 and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the liquor, possessed no contraband, and was merely a driver, also highlighting his clean record and custody since 9 February 2026. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the Patna High Court granted bail, directing the petitioner to furnish a Rs 10,000 bond with two sureties to the Special Excise Court.
Issues considered
- Whether bail should be granted to the accused driver in a case involving large‑scale seizure of illicit liquor under the B.N.S., 2023 and the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged role as a driver and lack of possession negate the risk of flight or tampering with evidence.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 318(3), 336(3), 338
- Bihar Prohibition and Excise Act — s. 30(a), 41
Subjects
- bail
- criminal procedure
- excise law
- prohibition
- illicit liquor
- driver
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20561 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- MAIRWAN District- Siwan
======================================================
Ratnesh Kumar Mishra @ Ratnesh Mishra S/o- Kamlesh Mishra Resident of
Village- Parari PS-Khara Khadda District- Kushinagar, Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Mairwa P.S. Case No. 48 of 2026 registered for the offence
punishable under Sections 338, 336(3), 318(3) of the B.N.S.,
2023 and Section 30(a) and 41 of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution in short is that from
two Wagon-R car, altogether 1005.84 liters of illicit foreign
liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the petitioner is driver of one of the
Patna High Court CR. MISC. No.20561 of 2026(2) dt.31-03-2026
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Wagon-R car. He also submits that nothing has been recovered
from the possession of this petitioner. The petitioner was
unaware of the illicit liquor, he is merely a driver of the said car.
He further submits that the petitioner has no criminal antecedent
and he is languishing in judicial custody since 09.02.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court No.-1, Siwan in connection with
Mairwa P.S. Case No. 48 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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