Patna High Court
Manoj Kumar Ravidas @ Daroga @ Manoj RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bihar Excise and Prohibition Act — s. 30(a)
- BNSS — s. 103, 482(2)
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
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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
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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
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