Created by Fuzzy Cloud

Patna High Court

Ravi KishanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
           Patna High Court CR. MISC. No.3912 of 2026(2) dt.27-01-2026
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.