Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Ravi Kumar was arrested on 10 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 135 litres of country‑made liquor seized from a motorcycle that he does not own. The petitioner argued that he has a clean antecedent, that the liquor was not recovered from his conscious possession, and that the seizure list was prepared solely by police officers, violating Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The State opposed bail. The Court, noting the lack of direct possession, the procedural lapse, and the petitioner's clean record, ordered his release on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the District & Additional Sessions Judge‑XIII‑cum‑Special Judge‑I Excise‑I, Gopalganj.
Issues considered
- Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the facts of the seizure.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants the grant of bail.
- Whether the fact that the seized liquor was not found in the petitioner's conscious possession affects the bail decision.
Subjects
- bail
- prohibition law
- excise
- seizure
- procedural compliance
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26204 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- BHORE District- Gopalganj
======================================================
Ravi Kumar Son of Late Potan Manjhi R/O Village- Khas Bankata, P.S.-
Bhorey, Distt.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suresh Prasad Bhakta, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-04-2026 Heard Mr. Suresh Prasad Bhakta, learned counsel for
the petitioner and Mr. Sanjay Kumar Tiwary, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
10.02.2026 in connection with Bhorey P.S. Case No. 65 of 2026,
F.I.R. dated 09.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise (Amendment)
Act, 2022.
3. Recovery is of 135 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.26204 of 2026(2) dt.20-04-2026
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the recovery of 135 liters of country made liquor has been made
from the motorcycle in question and petitioner is not the owner
of said vehicle in question and he has been made accused in the
present case merely on the basis of suspicion. He further
submits that from perusal of the seizure list it appears that the
seizure list witnesses are the police personnel so there is non-
compliance of Section 103/105 of the BNSS, 2023. The
petitioner is in custody since 10.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, nothing has been
recovered from his possession and there is non-compliance of
Section 103/105 of the BNSS, 2023, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District & Additional
Sessions Judge-XIII-cum-Special Judge-I Excise-I, Gopalganj
in connection with Bhorey P.S. Case No. 65 of 2026 subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.26204 of 2026(2) dt.20-04-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage 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, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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