Patna High Court
Ravi Kisan @ Chintu @ Ravi Kishan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
- Bihar Prohibition & Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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
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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
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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
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