Patna High Court
Ravi KishanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to both petitioners subject to stipulated conditions.
Summary
Petitioners Ravi Kishan (driver) and Amrita Kumari (passenger) were arrested in connection with a Buxar Excise case alleging possession of 31.92 litres of liquor, contravening Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, that no liquor was found in their personal possession, and that they were not owners of the vehicle from which the liquor was seized. The State opposed bail, while the petitioners highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and the fact that only one petitioner had prior criminal antecedents. The High Court examined the facts, the custody period since 20‑12‑2025, and the statutory safeguards, and found sufficient ground to grant bail. Accordingly, bail was ordered for both petitioners on a bond of Rs.15,000 with two sureties each, subject to conditions of family surety and regular court appearances for petitioner 1. The order effectively released the petitioners pending trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with
- Whether the antecedents of the accused and lack of ownership of the vehicle justify denial of bail
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- false implication
- criminal antecedent
- Section 30
- Section 103
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3912 of 2026
Arising Out of PS. Case No.-532 Year-2025 Thana- Excise P.S. District- Buxar
======================================================
1. Ravi Kishan S/o Pashupatinath R/o Village - Mishrawaliya, P.S - Jalalpur,
District - Saran
2. Amrita Kumari D/o Dayanand Thakur Resident of - Chandmari Road, P.S -
Shahpur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Buxar
Excise P.S. Case No. 532 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 31.920
litres of liquor was recovered from car.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
Patna High Court CR. MISC. No.3912 of 2026(2) dt.27-01-2026
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that petitioners are not the owner of the vehicle. It is further
submitted that petitioner no.1 is the driver of the vehicle in
question whereas petitioner no.2 is the passenger and both the
petitioners have got no concern with the loaded articles/liquor.
The petitioners are in custody since 20.12.2025. Petitioner no. 1
has two criminal antecedent whereas petitioner no. 2 has no
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 petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioner no. 1 be released on bail, after
framing of charge, if not already framed, 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 Buxar Excise P.S.
Case No. 532 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner no.1.
(II) The petitioner no. 1 shall appear on each and
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every date fixed at the trial. In case of default in such
appearance on two consecutive dates, the Trial Court will have
liberty to cancel the bail bonds of the petitioner no.1.
8. Let the petitioner no. 2 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 Buxar Excise
P.S. Case No. 532 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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