Patna High Court
Ravindra Singh @ Ravindra Kumar @ Ravindra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to specified conditions.
Summary
Ravindra Singh was arrested on 23 April 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022, for alleged possession of 100 litres of country‑made Mahua liquor seized near Ramdihal Tola river. The petitioner contended that the liquor was not found in his conscious possession and that the seizure list was prepared by police officers, thereby violating Sections 103 and 105 of the BNSS, 2023. The State opposed bail, arguing that the petitioner was apprehended at the scene and that he has other pending cases. The Court examined the lack of direct possession and the procedural lapses, and concluded that these factors warranted the grant of bail. Accordingly, the petitioner was released on a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted when the alleged contraband was not found in the accused's conscious possession.
- Whether the non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants bail.
- Whether the offence under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022, justifies denial of bail.
Legislation cited
- Bihar Prohibition & Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- Mahua liquor
- conscious possession
- procedural compliance
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37510 of 2026
Arising Out of PS. Case No.-55 Year-2026 Thana- CHANDI District- Bhojpur
======================================================
Ravindra Singh @ Ravindra Kumar @ Ravindra Yadav Son of Late Ram
Janam Singh Resident of Village- Ramdihal Tola, P.S.- Chandi, District-
Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 18-06-2026 Heard Ms. Priya, learned counsel for the petitioner
and Mr. Bhanu Pratap Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
23.04.2026, in connection with Chandi P.S. Case No. 55 of
2026, F.I.R. dated 22.04.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition &
Excise Amendment Act, 2022.
3. Recovery is of 100.00 litres of country made
Mahua liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.37510 of 2026(2) dt.18-06-2026
2/3
conscious possession of the petitioner rather recovery has been
made near Ramdihal Tola river and petitioner has no concern at
all with the alleged recovery of illicit liquor. He further submits
that the seizure list witnesses are police personnel so there is
non-compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioner is in custody since 23.04.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner was apprehended at the
place of occurrence and altogether 100.00 litres of country made
Mahua liquor was recovered and apart from that the petitioner
carries two more cases other than the present one but fairly
submits on the basis of paragraph-3 of the bail petition that the
petitioner is on bail in the pending matter.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner,
above named, be released 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 learned Exclusive Special
Excise Court No. 1st, Bhojpur at Ara in connection with Chandi
Patna High Court CR. MISC. No.37510 of 2026(2) dt.18-06-2026
3/3
P.S. Case No. 55 of 2026, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below 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 below shall take step 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.
(Rajesh Kumar Verma, J)
Ibrar//-
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