Patna High Court
Ratnesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on a bond of Rs. 10,000 with two sureties, subject to specified conditions.
Summary
The petitioner, Ratnesh Kumar, was arrested on 28 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 120 litres of country-made wine seized from a motorcycle. He contended that the seizure was not from his conscious possession, that he is not the owner of the motorcycle, and that the seizure was effected without compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023. The Additional Public Prosecutor opposed bail, arguing the seriousness of the offence. The Court examined the facts, noted the petitioner’s clean antecedent and the procedural lapses in the seizure, and granted bail on a bond 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 Special Judge, Excise, Saran.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the circumstances of seizure.
- Whether the alleged non‑compliance with Sections 103/105 of the Bihar Narcotic Substances Act, 2023, affects the bail decision.
- Whether the petitioner’s claim of lack of ownership and clean antecedent warrants bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- seizure
- criminal antecedent
- Section 30
- BNSS
- motorcycle seizure
- non‑compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27743 of 2026
Arising Out of PS. Case No.-82 Year-2026 Thana- AMNAUR District- Saran
======================================================
Ratnesh Kumar S/O Ganesh Manjhi R/O Village- Mirzapur, PS- Marhowrah,
Distt-Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Dewendra Narayan Singh, learned
counsel for the petitioner and Mr. Ramesh Chandra, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.02.2026 in connection with Amnour P.S. Case No. 82 of
2026, F.I.R. dated 07.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 120 liters of country made wine.
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
the recovery has been made from the motorcycle in question and
Patna High Court CR. MISC. No.27743 of 2026(2) dt.27-04-2026
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petitioner is not the owner of the motorcycle in question. It
appears from the seizure list 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
28.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
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 1st
Special Judge, Excise, Saran at Chapra in connection with
Amnour P.S. Case No. 82 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
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.
Patna High Court CR. MISC. No.27743 of 2026(2) dt.27-04-2026
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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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