Patna High Court
Ravi RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail must be granted as there was no proof of the petitioner’s possession of the liquor and the seizure violated mandatory procedural requirements.
Summary
The petitioner, Ravi Raj, was arrested in connection with the alleged possession of 501.12 liters of foreign liquor seized from a Bolero vehicle and 17.28 liters from a two-wheeler under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was not in his conscious or physical possession and that the seizure violated mandatory search‑and‑seizure procedures because there was no independent witness to the seizure list. The petitioner also highlighted his clean criminal record and the fact that he had been in custody since 3 May 2026. The court examined the lack of evidence linking the petitioner to the seized liquor and noted the procedural lapses in the seizure. Considering these factors, the court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner when the seized foreign liquor is not shown to be in his possession.
- Whether the alleged non‑compliance with mandatory search and seizure provisions warrants bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- search and seizure
- foreign liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36327 of 2026
Arising Out of PS. Case No.-122 Year-2026 Thana- JANTA BAZAR District- Saran
======================================================
Ravi Raj Son of Shyam Babu Singh Resident of Village- Lahladpur, P.S.-
Janta Bazar, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Alka Panday, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-06-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. Perusal of the first information report and the seizure
list would go to show that total 501.12 liters of foreign liquor is
said to have been recovered from a Bolero vehicle and 17.280
liters of foreign liquor from a two wheeler.
4. It is submitted by learned counsel for the petitioner
that the there is no recovery from the conscious or physical
possession of the petitioner. The petitioner has no concern either
with the seized vehicle or the liquor in question. There is
violation of the mandatory provisions of the search and seizure
Patna High Court CR. MISC. No.36327 of 2026(2) dt.09-06-2026
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as there is no independent witness to the seizure list. Petitioner
has no criminal antecedent and has been languishing in custody
since 03.05.2026.
5. Taking into consideration the fact and
circumstances of the case and also considering the fact that there
is non-compliance of mandatory provisions of search and
seizure, the above named petitioner is directed to 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 Janta Bazar P.S.
Case No. 122 of 2026.
(Soni Shrivastava, J)
Trivedi/-
U T
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