Patna High Court
Chandan Kumar RaviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioners.
Summary
The petitioners, Chandan Kumar Ravi and Chandni Kumari, were arrested in connection with a case involving the seizure of 263.250 litres of illicit foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were merely a driver and a passenger, respectively, and that no liquor was recovered from their possession. They further argued that the police failed to comply with Section 105 of the BNSS during the seizure and highlighted their clean criminal record and continued judicial custody since 26‑03‑2026. The State opposed the bail application. After hearing both sides, the Patna High Court found merit in the petitioners' arguments and ordered that they be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Exclusive Special Excise Court‑I, Nawada.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts of the case.
- Whether the alleged non‑compliance with Section 105 of the BNSS during the seizure affects the bail consideration.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- prohibition
- excise
- illicit liquor
- Section 30(a)
- Section 105
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31636 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- NAWADA MUFFASIL District- Nawada
======================================================
1. Chandan Kumar Ravi S/o Govind Ram R/o vill - Ichak, P.S.- Nagar, Latehar,
Distt.- Latehar, Jharkhand
2. Chandni Kumari D/o Budhan Mura @ Budhan Munda R/o vill - Jojodih,
P.S.- Tamar, Distt.- Ranchi, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate.
For the Opposite Party/s : Mr. Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners has prayed for bail in connection
with Muffasil P.S. Case No. 114 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that
altogether 263.250 liters of illicit foreign liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioners have submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that the petitioner no. 1 is the driver
Patna High Court CR. MISC. No.31636 of 2026(2) dt.14-05-2026
2/2
whereas petitioner no. 2 was a passenger in the said car. He
further submits that nothing has been recovered from the
possession of the petitioners. The witnesses of the seizure list
are police personnel and the police has not complied with
Section 105 of the BNSS while making the seizure. Moreover, a
statement has been made in para 3 of the petition that petitioners
have no criminal antecedent and they are languishing in judicial
custody since 26.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise, Court-I, Nawada in connection with
Muffasil P.S. Case No. 114 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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