Created by Fuzzy Cloud

Patna High Court

Ravi Kisan @ Chintu @ Ravi Kishan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and conditions, as the case was based only on suspicion and the petitioner had a clean antecedent.

Summary

The petitioner, Ravi Kishan Kumar, was implicated in Excise P.S. Case No. 353 of 2026 for allegedly transporting illegal liquor under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022. The prosecution’s case relied on a tip from an informant and the identification of the petitioner by villagers after a blue coloured Toto carrying 60 litres of country‑made liquor was intercepted. The petitioner contended that he was not present at the scene, had no connection with the seized liquor or the vehicle, and possessed a clean criminal record. The court observed that the accusation was founded solely on suspicion and villagers' statements, with no direct evidence linking the petitioner to the contraband. Considering the lack of substantive proof and the petitioner’s clean antecedent, the court ordered his release on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether bail can be granted when the charge is based solely on suspicion and villagers' identification without direct evidence.
  • Whether the provisions of Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022, justify denial of bail.
  • Whether a clean criminal antecedent and lack of nexus to the seized liquor warrant the grant of bail.

Legislation cited

Subjects

  • bail
  • suspicion
  • illegal liquor
  • excise law
  • section 30
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34070 of 2026
                     Arising Out of PS. Case No.-353 Year-2026 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Ravi Kisan @ Chintu @ Ravi Kishan Kumar Son of Anil Rajak @ Anil
                 Baitha, Resident of Village- Bijhar, P.S.- Mufassil, District- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Bindeshwar Prasad Singh, Advocate
                                                    Mr. Satish Kumar, Advocate
                 For the Opposite Party/s :         Ms. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   18-05-2026                   Heard the learned counsel for the petitioner and the

                   learned A.P.P. appearing on behalf of the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Excise P.S. Case No. 353 of 2026 registered for the offence

                   punishable under section 30(a), of Bihar Prohibition & Excise

                   Amendment Act, 2022.

                                 3. As per the prosecution story which has been lodged

                   on the basis of the written report submitted by the informant to

                   the effect that on 04.04.2026, he received secret information that

                   one Ravi Kishan is carrying illegal liquor will be coming in blue

                   colour Toto. Upon the said information, the informant along

                   with police party reached at Bijhar More and saw a person

                   coming in a blue colour Toto. Upon seeing the police party, the
Patna High Court CR. MISC. No.34070 of 2026(2) dt.18-05-2026
                                            2/3




          person started running and succeeded in fleeing away. The

          villagers disclosed the name of the person who fled away as the

          petitioner. When the said Toto was searched, total 60 litres of

          country made liquor was recovered.

                       4. The learned counsel for the petitioner submits that

          petitioner was not present at the place of occurrence and the

          petitioner has got no concern with the seized liquor or with the

          said Toto, from which the alleged liquor was recovered. The

          petitioner has been made accused in this case only on the basis

          of suspicion and the information given by the villagers. The

          petitioner has got clean antecedent.

                       5. The learned A.P.P. for the State vehemently opposes

          the prayer for bail of the petitioner.

                       6. Having heard the learned counsel for the parties

          and after going through the records it appears that 60 litres of

          liquor was recovered from the Toto and the petitioner has got no

          concern with the seized liquor or with the said Toto. The name

          of petitioner transpired in this case only on the basis of

          suspicion and the statement made by the local people. The

          petitioner has got clean antecedent. Considering the same, let

          the petitioner, above named, in the event of arrest or surrender

          within a period of six weeks, be released on bail on furnishing
             Patna High Court CR. MISC. No.34070 of 2026(2) dt.18-05-2026
                                                         3/3




                       bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                       the like amount each to the satisfaction of the learned Special

                       Judge, Excise-2, Aurangabad in connection with Excise P.S.

                       Case No. 353 of 2026, subject to the conditions as laid down

                       under Section 482(2) of the B.N.S.S., with further condition:

                                    (i) The learned Court concerned shall verify the

                       criminal antecedent of the petitioner and in case at any stage, it

                       is found that the petitioner has concealed his criminal

                       antecedents, the court concerned shall take steps 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.




                                                   (Ritesh Kumar, J)


vinita/-
U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.