Patna High Court
Ravi Kumar @ ChanduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Ravi Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 420 litres of liquor in a CNG tempo. He contended that he was merely the driver, had no knowledge of the contraband, and was not the owner of the vehicle, asserting false implication. The prosecution opposed bail, while the petitioner’s counsel highlighted the lack of possession of the liquor by the petitioner and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The court considered the facts, the petitioner’s custody period since 28‑09‑2025, and his single prior criminal antecedent. Concluding that bail was appropriate, the court ordered his release on a bond of Rs. 15,000 with two sureties and imposed conditions regarding family surety and appearance in court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the accused’s lack of ownership and knowledge of the contraband negates the charge.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects bail eligibility.
Legislation cited
Subjects
- bail
- criminal procedure
- prohibition law
- excise
- vehicle driver
- knowledge of contraband
- Section 30
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.353 of 2026
Arising Out of PS. Case No.-410 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
Ravi Kumar @ Chandu Son of Late Manoj Ram R/o Village - Nathupur, P.S. -
Parsa Bazaar, Distt. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Parsa
Bazar P.S. Case No. 410 of 2025 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 420 litres
of liquor was recovered from CNG tempo.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.353 of 2026(2) dt.19-01-2026
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incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is not the owner of the vehicle. It is further
submitted that petitioner is the driver of the vehicle in question
but he had no knowledge regarding the goods loaded in the
vehicle. The petitioner is in custody since 28.09.2025 and has
one criminal antecedent. There is no compliance of Section 103
of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioner,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Parsa Bazar P.S.
Case No. 410 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
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.353 of 2026(2) dt.19-01-2026
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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