Patna High Court
Ravi Kumar @ Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, finding that the seizure was questionable and the prior antecedent did not warrant denial of bail.
Summary
The petitioner, Ravi Kumar, sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He claimed innocence, stating he was not present at the scene where liquor was recovered from a Maruti Suzuki car that he does not own. The prosecution opposed the bail, but the court noted that no liquor was found in the petitioner’s physical possession and the seizure memo lacked signatures of two independent witnesses, casting doubt on its validity. The court also considered the petitioner’s single prior criminal antecedent, for which he was already on bail. Consequently, the judge granted anticipatory bail subject to a Rs.10,000 bond, two sureties, cooperation with the investigation, and verification of the petitioner’s criminal record.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure (or equivalent) given the facts of the case.
- Whether the seizure of liquor is valid in the absence of signatures of independent witnesses on the search memo.
- Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(c)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- search and seizure
- liquor offence
- excise law
- section 438 CrPC
- section 482 B.N.S. 2023
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23607 of 2026
Arising Out of PS. Case No.-84 Year-2026 Thana- Daudnagar Excise District- Aurangabad
======================================================
Ravi Kumar @ Dharmendra Kumar Son of Pradip Saw Resident of Village-
Repura, P.S.- Daudnagar, District- Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramendra Kumar Singh
For the Opposite Party/s : Mr.Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 30(a) and
32(c) of the Bihar Prohibition and Excise (Amendment) Act,
2018 in connection with Daudnagar P.S.Case No. 84 of 2026.
3. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case on account of his involvement in previous case of
similar nature. He was not preset at the place of occurrence.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. The liquor is said to have been recovered from a
Maruti Suzuki Car bearing Registration No. BR1R 5149, of
Patna High Court CR. MISC. No.23607 of 2026(2) dt.16-04-2026
2/3
which the petitioner is not the owner. No liquor was recovered
from the conscious physical possession of the petitioner. The
search and seizure memo also does not bear the signature of two
independent witnesses, which puts a question mark on the
validity of the seizure itself. The petitioner bears only one
criminal antecedent, which has been described in para-3 of the
bail petition and in which the petitioner is on bail. Under these
circumstances, I am inclined to grant privilege of anticipatory
bail to the petitioner.
6. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction learned court of Special Judge, Excise-II,
Aurangabad in connection with Daudnagar P.S.Case No. 84 of
2026, subject to the conditions laid down under section 438(2)
of the Code of Criminal Procedure/Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further
condition that :-
(i) the petitioner shall co-operate in the investigation/
trial.
(ii) the learned court would, however, verify the
Patna High Court CR. MISC. No.23607 of 2026(2) dt.16-04-2026
3/3
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
HR/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.