Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner on the condition of a Rs. 5,000 bond with two sureties.
Summary
The petitioner, Ravi Kumar, was arrested in connection with the alleged recovery of 1,517.25 litres of liquor from a school, with a Hyundai Santro car and a scooter seized. He pleaded not guilty, asserting that the liquor was not found in his conscious possession and that he was unaware of any misuse of his vehicle by his driver. The petitioner, represented by Mr. Ashok Kumar Jha, highlighted his clean antecedent and the fact that he had been in custody since 23-03-2026. The State, represented by Ms. Sharda Kumari, opposed the bail application. The court, after considering the submissions, granted bail on the condition of a Rs. 5,000 bond with two sureties, finding no sufficient ground to deny bail. The order disposes the bail petition in favour of the petitioner.
Issues considered
- What is the appropriateness of granting bail to the accused under Section 30(a) of the Bihar Excise Act given the circumstances of alleged possession and seizure?
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- possession
- vehicle seizure
- liquor smuggling
- Section 30(a) Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35218 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- SONBERSA District- Sitamarhi
======================================================
Ravi Kumar Son of Indrajeet Sah Resident of Village- Bhutahi, P.S.- Bhutahi,
Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha
For the Opposite Party/s : Ms.Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and is in custody
since 23-3-2026 and allegation is of recovery of 1517.25 litres
of liquor from a school and a Hyundai Santro car and a Scooty
were seized.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
Patna High Court CR. MISC. No.35218 of 2026(2) dt.19-06-2026
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Hyundai Santro Car. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated, it is further submitted that petitioner was completely
unaware that his driver would misuse the vehicle in the manner
as alleged.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 5,000/- (Rupees
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Sonbarsa P.S. Case
No. 279 of 2025.
(Satyavrat Verma, J)
Sumit/-
U T
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