Patna High Court
Ravindra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that bail should be granted to the petitioner, subject to bond and conditions, as the circumstances did not warrant continued detention.
Summary
The petitioner, Ravindra Kumar, was arrested after a pickup vehicle he was driving was stopped and searched, leading to the seizure of 540 litres of Nepali liquor, 17.28 litres of foreign liquor and 24 litres of beer. He was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no ownership of the vehicle, that the seized items were not in his possession, and that the search and seizure procedures were not properly followed, asserting that he was falsely implicated despite having ten prior cases. The State opposed his bail application. Considering the length of his pre‑charge custody, the nature of the allegations, and the procedural submissions, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional court‑imposed terms. The bail order also stipulated cancellation of the bond upon non‑compliance with attendance requirements.
Issues considered
- What is the appropriateness of granting bail to the petitioner charged under the Bihar Prohibition and Excise Act given the nature of the alleged offences and the procedural history?
- Whether the alleged irregularities in the search and seizure of the liquor justify bail?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- excise
- illegal liquor
- search and seizure
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38012 of 2026
Arising Out of PS. Case No.-540 Year-2026 Thana- Excise P.S. District- Sitamarhi
======================================================
Ravindra Kumar S/o Surendra Mahto Resident of Village - Bhaluaha (old PS-
sonbersa), Post- Hanuman Nagar, P.S.- Bhutahi, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dwij Raj, Advocate
For the Opposite Party/s : Mrs.Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Sitamarhi Excise P.S. Case No. 540 of 2026
registered for the alleged offences under Sections 30(a), 32(3)
of Bihar Prohibition and Excise Act.
03. As per prosecution case, during checking of
vehicles a Pick up vehicle being driven by the petitioner was
stopped and searched and from the vehicle, recovery of 540
litres of country made Nepali liquor, 17.280 litres of foreign
liquor and 24 litres of beer was made and the petitioner was
apprehended.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.38012 of 2026(2) dt.17-06-2026
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petitioner is innocent and has been falsely implicated in this
case and his name has been dragged in this case falsely due to
his criminal antecedent. Nothing incriminating has been
recovered from the person or possession of the petitioner. The
petitioner has no concern with the said seized vehicle. The
mandatory provisions of search and seizure have not been
followed. The petitioner is having antecedent of ten cases and he
is on bail in all the cases except. The petitioner is in custody
since 01.03.2026 and charges have been framed in this case on
14.05.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and framing of charge, the
petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Excise Court No. II, Sitamarhi/concerned Court in
connection with Sitamarhi Excise P.S. Case No. 540 of 2026,
subject to the conditions mentioned in Section 480(3) of
B.N.S.S. and also the following conditions :
Patna High Court CR. MISC. No.38012 of 2026(2) dt.17-06-2026
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(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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