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Patna High Court

Manoj Kumar Ravidas @ Daroga @ Manoj RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the absence of constructive possession and the violation of Section 103 of the BNSS warranted the grant of anticipatory bail.

Summary

Manoj Kumar Ravidas applied for anticipatory bail in a case under Section 30(a) of the Bihar Excise and Prohibition Act for alleged possession of 12 litres of illicit liquor. The prosecution alleged that the liquor was recovered from an open space and linked the petitioner to the co‑accused Sonu Kumar. The petitioner contended that the seized liquor was not in his constructive possession and that the seizure list violated Section 103 of the BNSS. The State opposed bail, citing the petitioner’s five prior criminal antecedents. The High Court, noting the lack of constructive possession and the procedural lapse under Section 103, granted anticipatory bail subject to strict conditions, including a bail bond, sureties, and compliance with Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the seizure.
  • Whether the seizure of the liquor complied with Section 103 of the BNSS.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • constructive possession
  • Section 30
  • Section 103
  • Section 482(2)
  • Bihar Excise and Prohibition Act
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31605 of 2026
                  Arising Out of PS. Case No.-149 Year-2026 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
                 Manoj Kumar Ravidas @ Daroga @ Manoj Ram S/o Ramshankar Ravidas
                 Resident of Village - Badhwabadi, Police station - Katihar, District - Katihar.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajit Kumar Singh, Adv.
                 For the Opposite Party/s :      Mr.Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   07-05-2026                    Heard Mr. Ajit Kumar Singh, learned counsel for the

                   petitioner and learned APP for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Katihar Town P.S. Case No. 149 of 2026 for

                   the offence punishable under sections 30(a) of the Bihar Excise

                   and Prohibition Act, lodged on 06.02.2026 by the informant.

                                3.    As per the prosecution case, there has been

                   recovery of 12 litres of illicit liquor.

                                4. Learned counsel for the petitioner submits that the

                   recovered illicit liquor does not belong to this petitioner and the

                   petitioner has been made accused in this case on the disclosure

                   of co-accused, Sonu Kumar who was arrested on the spot. The

                   recovery of the said liquor has been made from an open space

                   which is accessible to each and everyone while petitioner is in
Patna High Court CR. MISC. No.31605 of 2026(2) dt.07-05-2026
                                            2/3




          no way connected with the said seizure and there is a violation

          of Section 103 of the BNSS in preparing the seizure list etc.

          Learned counsel fairly submits that the petitioner has got five

          criminal antecedents and he is on bail in all those cases.

                       5. Learned APP opposes the prayer submitting that

          the petitioner has got five criminal antecedents and he does not

          deserve the privilege of anticipatory bail.

                       6. Considering the fact that the recovery has not been

          made from the constructive possession of this petitioner and the

          place from where the seizure is said to have been made is an

          open space which is accessible to all and there is a violation of

          Section 103 of the BNSS in preparing the seizure list etc, this

          Court is inclined to extend him the privilege of anticipatory bail.

                       7. Let the petitioner, above named, be released on

          bail in the event of arrest or surrender within a period of four

          weeks from the receipt of this order, on furnishing bail bond of

          Rs. 10,000/- (Ten thousand) with two sureties of like amount

          each to the satisfaction of learned Exclusive Special Excise

          Court-II, Katihar in connection with aforesaid PS Case, subject

          to the conditions as laid down under Section 482(2) of the

          BNSS as well as the following conditions:-

                                               (i) one of the bailors should be the
                                  family member/relative of the petitioner(s)
             Patna High Court CR. MISC. No.31605 of 2026(2) dt.07-05-2026
                                                         3/3




                                               who shall provide official document to show
                                               his/her bona fide;
                                                            (ii) the petitioner(s) shall appear
                                               on each and every date before the Trial
                                               Court and failure to do so for two
                                               consecutive dates without plausible reason
                                               will entail cancellation of his bail bond by
                                               the Trial Court itself;
                                                            (iii) the petitioner(s) shall in no
                                               way try to induce or promise or threat the
                                               witnesses or tamper with the evidences,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of the bail bonds;
                                                            (iv) the petitioner(s) shall desist
                                               from committing any criminal offence again,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of his bail bonds.




                                                     (Ajit Kumar, J)
    perwez

U      T


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