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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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