Patna High Court
Ravindra PasiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that bail should be granted as the petitioner has no criminal antecedent and the circumstances do not warrant continued detention.
Summary
The petitioner, Ravindra Pasi, was arrested in connection with the seizure of 40 litres of country-made liquor from a motorcycle he was riding, alleged to be a violation of Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He contended that he neither owned the motorcycle nor had physical possession of the liquor, and argued that the search and seizure were irregular due to the absence of an independent witness. The State opposed bail, citing the seriousness of the offence. The Court, noting the petitioner’s clean criminal record and the circumstances of the case, decided to grant bail on the condition of a Rs.10,000 bond with two sureties of equal amount. The bail order was directed to be complied with by the lower court handling the original case.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
- Whether the seizure of the liquor was lawful given the alleged lack of ownership and independent witness.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 47
Subjects
- bail
- prohibition law
- excise
- search and seizure
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36126 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- SONEBARSA District- Buxar
======================================================
Ravindra Pasi Son of Lali Pasi Resident of Village- Ramnagar, P.S.-
Sonbarsha, District- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar Gupta
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 30(a) and 47 of the Bihar
Prohibition and Excise Act.
3. Perusal of the first information report and the
seizure list, would go to show that 40 liters of country made
liquor is said to have been recovered from the motorcycle which
the petitioner was riding.
4. It is submitted by learned counsel for the
petitioner that there is no recovery from the physical and
conscious possession of the petitioner. It is submitted that the
petitioner is not the owner of the seized motorcycle. It is further
submitted that the mandatory provisions of search and seizure
have been violated as there is no independent witness to the
Patna High Court CR. MISC. No.36126 of 2026(2) dt.08-06-2026
2/2
seizure list and the petitioner with no criminal antecedent is
languishing in judicial custody since 25.04.2026.
5. Learned APP for the State opposes the prayer for
bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the petitioner
has no criminal antecedent, let the above named petitioner be
enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Sonbarsha P.S.
Case 48 of 2026.
(Soni Shrivastava, J)
devendra/-
U T
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