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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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