Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The High Court granted anticipatory bail to the petitioner, finding insufficient grounds for his arrest.
Summary
Ravi Kumar sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged possession of 83.28 litres of foreign liquor seized from two vehicles. He asserted that he neither owned nor drove the vehicles and that his inclusion as an accused was solely based on confessional statements of co‑accused Piyoush Singh and Nikesh Kumar. The State opposed the bail, but the High Court noted that the FIR was filed only on the basis of an informant’s report and that there was no evidence of the liquor being in the petitioner’s possession or his house. Considering the lack of direct evidence, the petitioner’s clean antecedent, and the reliance on co‑accused statements, the Court exercised its inherent powers under Section 482 of the CrPC and granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions. The order directs the petitioner to surrender within six weeks if arrested.
Issues considered
- What is the adequacy of the FIR and confessional statements of co‑accused as a basis for granting anticipatory bail?
- Whether the petitioner’s lack of ownership or possession of the seized liquor warrants the grant of anticipatory bail under Section 482 of the CrPC?
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- confessional statement
- possession
- Section 482 CrPC
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22763 of 2026
Arising Out of PS. Case No.-58 Year-2026 Thana- BARUN District- Aurangabad
======================================================
Ravi Kumar, aged about 34 years, Male, Son of Surendra Yadav, Resident of
Village- Chetu Bigha, P.S.- Barun, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rupa Kumari, Advocate
For the Opposite Party/s : Mr. Meena Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Barun P.S. Case No. 58 of 2026 instituted for the offences
punishable under Sections 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. As per allegation in the FIR, total 83.28 litres of
different brand country made liquor as well as foreign made
liquor has been recovered from a motorcycle bearing
Registration No.BR26Z5492 and Wagnor-R bearing
Registration No. HR26DP7561.
4. Learned counsel for the petitioner submits that
petitioner is innocent has committed no offence and has falsely
been implicated in this case. He submits that total 83.28 litres of
different brand country made liquor as well as foreign made
Patna High Court CR. MISC. No.22763 of 2026(2) dt.16-04-2026
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liquor has been recovered from a motorcycle bearing
Registration No.BR26Z5492 and Wagnor-R bearing
Registration No. HR26DP7561. He further submits that
petitioner is not the owner nor the driver of the seized vehicle.
He next submits that the petitioner has been made accused only
on the basis of confessional statement made by the arrested co-
accused namely Piyoush Singh and Nikesh Kumar. He lastly
submits that neither illicit wine has been recovered from the
conscious possession of the petitioner nor from his house.
Petitioner has got clean antecedent as stated in para 3 of the bail
petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
6. From perusal of the FIR and the impugned order of
the learned District and Additional Sessions Judge-Cum-
Exclusive Special Judge, Excise Court No. 1, Aurangabad dated
16.03.2026, it appears that only on the basis of written report of
the informant namely, Karan, Sub-Inspector of Police, FIR has
been registered under Sections 30(a) of the Bihar Prohibition
and Excise (Amendment) Act, 2022 against six co-accused
persons including the present petitioner. It appears that
petitioner is not arrested at the spot and his name has been
Patna High Court CR. MISC. No.22763 of 2026(2) dt.16-04-2026
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surfaced in this case only on the basis of confessional statement
of arrested co-accused namely namely Piyoush Singh and
Nikesh Kumar. It also appears that total 83.28 litres of different
brand country made liquor as well as foreign made liquor has
been recovered from a motorcycle bearing Registration
No.BR26Z5492 and Wagnor-R bearing Registration No.
HR26DP7561 and both the seized vehicle does not belongs to
the present petitioner, so considering all these aspects of the
case and submission of learned counsel for the petitioner, I am
inclined to grant anticipatory bail to the petitioner.
7. Accordingly, let the petitioner above named in the
event of his arrest or surrender before the trial Court within six
weeks from today, be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
District and Additional Sessions Judge-Cum- Exclusive Special
Judge Excise Court No. 1, Aurangabad in connection with
Barun P.S. Case No. 58 of 2026, subject to the conditions laid
down in Section 482(2) of the BNSS.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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