Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner subject to a bond and sureties.
Summary
The petitioner, Ravi Kumar, was arrested after police recovered 62.2 litres of foreign liquor, of which 16.02 litres was found on his motorcycle. He applied for bail, claiming he had no conscious possession of the liquor and that the seizure violated Sections 103 and 105 of the B.N.S.S. The State opposed the bail, citing the seriousness of the offence under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The court examined the facts, the alleged illegality of the search, and the petitioner’s custody since 2 March 2026. Considering the circumstances, the court granted bail on condition of a Rs.10,000 bond with two sureties, to be approved by the Exclusive Special Excise Judge‑III, Saran.
Issues considered
- Whether bail should be granted in a case involving alleged possession of foreign liquor under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the seizure and search conducted under Sections 103/105 of the B.N.S.S. were lawful, affecting the bail decision.
Legislation cited
- B.N.S.S. — s. 103, 105
Subjects
- bail
- excise law
- foreign liquor
- search and seizure
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24993 of 2026
Arising Out of PS. Case No.-59 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Ravi Kumar, S/O Dasrath Rai, R/O Village- Dahiyawan, Near Siya Masjid,
Dakshin Kinara, P.S- Nagar, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhukar Anand, Adv.
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with Excise
Sadar (Saran) P.S. Case No. 59 of 2026 dated 01.03.2026
registered for the offence punishable under Sections 30(a) and
32(3) of the Bihar Prohibition and Excise Act.
3. The allegation is of recovery of 62.200 litres
foreign liquor from the motorcycle of the petitioner, who was
arrested on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. It is submitted that nothing has been recovered from
conscious possession of the petitioner. It is further submitted
that out of total 62.200 litres, 16.02 litres was recovered from
Patna High Court CR. MISC. No.24993 of 2026(2) dt.16-04-2026
2/2
the motorcycle of the petitioner, who was driving the said
motorcycle at the time of arrest. Further, it is submitted that the
petitioner has no concern with the said illicit wine. The search
and seizure has been made in the teeth of Section 103/105 of the
B.N.S.S.. The petitioner is in custody since 02.03.2026, having
one criminal case against him and charge-sheet has been
submitted in the case.
5. Learned A.P.P for the State opposes the prayer for
bail of the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on 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 Exclusive Special Excise
Judge-III, Saran at Chapra in connection with Excise Sadar
(Saran) P.S. Case No. 59 of 2026.
(Khatim Reza, J)
prabhat/-
U T
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