Patna High Court

Ravikant PrasadversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

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

Summary

The petitioner, Ravikant Prasad, sought anticipatory bail fearing arrest in an excise case (Case No. 598 of 2025) involving the recovery of 8.280 litres of illicit liquor. The prosecution alleged offences under Sections 30(a), 32(1)(3) and 41(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2022, while the petitioner claimed he was not named in the FIR and had a clean criminal record. The State opposed the bail application. The Court, applying Section 2(1)(d) and Section 482(2) of the Bihar Negotiable Security Act, 2023, granted anticipatory bail on the condition of a Rs.30,000 bond and directed the Special Judge to verify the petitioner’s antecedent, with provision for cancellation if concealment is found. The order emphasized that verification should not delay the acceptance of the bail bond. Consequently, the petitioner was released on anticipatory bail subject to the stipulated conditions.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bihar Negotiable Security Act, 2023.
Whether the petitioner’s alleged non‑inclusion in the FIR and clean antecedent justify bail despite the excise offences alleged.
Whether the conditions imposed under Sections 2(1)(d) and 482(2) of the BNSS, 2023 are appropriate.

Subjects

anticipatory bail
excise law
illicit liquor
Bihar Prohibition and Excise Act
bail conditions
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21698 of 2026
                  Arising Out of PS. Case No.-598 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Ravikant Prasad Son of Sudama Prasad R/o Kekara, P.S. - Mohania, Dist. -
                 Kaimur at Bhabhua.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :         Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Excise (Bhabua) P.S. Case No. 598 of 2025, dated

                   24.09.2025, lodged under Section 30(a), 32(1) (3) and 41(i) (ii)

                   of the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. As per the prosecution, total recovery of 8.280 litres

                   of illicit liquor has been made, which is the subject matter of the

                   present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   further submits that the petitioner is neither named in the FIR

                   nor has any concern with the alleged recovery. It is further

                   submitted that the criminal antecedent of the petitioner is clean.
          Patna High Court CR. MISC. No.21698 of 2026(2) dt.08-04-2026
                                                      2/2




                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioner.

                                 6. In the present facts and circumstances of this case,

                    let the above named petitioner be released on anticipatory bail,

                    in the event of arrest or surrender before the Trial Court within a

                    period of 4 weeks from today, on furnishing bail bond of

                    Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section

                    2(1)(d) of the BNSS, 2023 to the satisfaction of Special

                    Judge(Excise)-II, Kaimur at Bhabua, in connection with Excise

                    (Bhabua) P.S. Case No. 598 of 2025, subject to the conditions as

                    laid down U/s 482(2) of the BNSS, 2023.

                                 7. It is further directed that the Trial Court shall verify

                    the criminal antecedent of the petitioner, and in case it is found

                    at any stage that the petitioner has concealed his criminal

                    antecedent, the Trial Court shall take steps for cancellation of

                    the petitioner’s bail bond. However, the acceptance of the bail

                    bond in terms of the above-mentioned order shall not be delayed

                    for the purpose of or in the name of verification.



                                                                    (Dr. Anshuman, J.)

Aman Kumar/-

U     T

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