Patna High Court
Ravi Shankar Kumar Patel @ Ravi PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Ravi Shankar Kumar Patel, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 443.330 liters of foreign liquor were seized. He claimed innocence, asserted a clean antecedent, and had been in custody since 27 January 2026. The State opposed his bail, but the court considered the length of custody and his clean record. The High Court allowed regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to appear at the police station on specified days. The order also required verification of his clean antecedent by the lower court before accepting the bail bond.
Issues considered
- Whether regular bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the custody period and alleged clean antecedent.
Subjects
- bail
- regular bail
- criminal procedure
- Bihar Prohibition and Excise Act
- foreign liquor
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21641 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- R S P.S. District- Araria
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Ravi Shankar Kumar Patel @ Ravi Patel S/o Fakirchand Prashad Mandal R/o
vill - Bhadeshwer, ward no. 4, P.s.- Bathnaha, Distt.- Araria, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Raj
For the Opposite Party/s : Mr. Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
RS P.S. Case No. 16 of 2026 registered for the offence under
Section(s) 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 443.330 liters of
foreign liquor has been recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 27.01.2026 and claims clean
antecedent. It is further submitted that there is no substantial
material available against the petitioner to connect him with the
allegation levelled in the FIR.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.21641 of 2026(3) dt.09-04-2026
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opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the period of custody and the clean antecedent of the petitioner,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with RS P.S. Case No.
16 of 2026 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Bathnaha Police Station
on the first and third Sunday of each month.
Any default in appearance at the Police
Station would result in cancellation of bail
bond of the petitioner.
(ii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
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.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
Patna High Court CR. MISC. No.21641 of 2026(3) dt.09-04-2026
3/3
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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