Patna High Court

Ravi KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioners subject to specified conditions.

Summary

The petitioners, three Haryana residents, were arrested in connection with a case under the Bihar Prohibition and Excise Act for allegedly transporting 409.25 litres of foreign liquor in a car. They claimed they had no knowledge of the liquor, that they were merely the owner and passengers, and that no incriminating material was found on them. The State opposed bail, while the petitioners argued innocence, lack of prior criminal record, and non‑compliance with Section 103 of the BNSS, 2023. The Court, considering the facts, the period of custody since 24‑Nov‑2025, and the absence of evidence linking the petitioners to the contraband, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions including family surety and mandatory appearance at trial dates.

Issues considered

Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act.
Whether the petitioners' lack of knowledge and absence of incriminating material justify bail.
Whether non‑compliance with Section 103 of the BNSS, 2023, bars bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
foreign liquor
criminal procedure
Section 103
BNSS 2023
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3275 of 2026
                    Arising Out of PS. Case No.-275 Year-2025 Thana- GAIGHAT District- Muzaffarpur
                 ======================================================
           1.     Ravi Kumar Son of Krishan R/o Village - Sampa @ Sapala, P.S. - Sampa,
                  District - Rohtak, State - Haryana.
           2.    Ajay Kumar Son of Satpal R/o Village - Kanya Gurukul, Ward no. 9, P.S. -
                 Kharkhoda, State - Haryana..
           3.    Sumit Kumar Son of Phool Kawar R/o Village - Rewari Khera, P.S. - Jhajjar,
                 Dist. - Jhajjar, State - Haryana.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Yugal Kishore, Advocate
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with

                   Gaighat PS Case No. 275 of 2025 instituted for the offences

                   under Sections 30(a), 32(1), 32(2), 36 & 41(1) of the Bihar

                   Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 409.25 liters

                   foreign liquor was recovered from car.

                           4.       Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.3275 of 2026(2) dt.19-01-2026
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          the conscious possession of the petitioners. The petitioners have

          got no concern with the alleged recovery of liquor. It is

          submitted that names of the petitioner No.1 has surfaced in this

          case as being owner of the car and petitioner Nos. 2 & 3 as

          being passenger of the vehicle in question and they were

          oblivious of the fact that illicit liquor was laden in the vehicle.

          The petitioners are in custody since 24.11.2025 and have got no

          criminal antecedent/s. There is no compliance of Section 103 of

          the BNSS, 2023.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                   7.     Let the petitioners be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) each with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Gaighat PS Case

          No. 275 of 2025, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date
           Patna High Court CR. MISC. No.3275 of 2026(2) dt.19-01-2026
                                                       3/3




                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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