Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that bail should be granted to the petitioner as the allegations do not involve serious injury and are comparable to a previously bailed co‑accused.
Summary
The petitioner, Ravi Kumar, was arrested in connection with a police case (No. 249 of 2026) for alleged assault on police officers during a scuffle and for consuming liquor, offences punishable under Sections 37 and 45 of the Bihar Prohibition and Excise (Amendment) Act and several sections of the BNS Act. The FIR described a general, omnibus allegation of assault but no police personnel sustained any injury. The petitioner had been in judicial custody since 30‑04‑2026 and claimed no prior criminal record, while a co‑accused had previously been granted bail in a similar case (Cr. Misc. No. 39541 of 2026). The State opposed bail, arguing the seriousness of the charges. After hearing both sides, the Court found the allegations to be non‑violent and the petitioner’s conduct to be comparable to the previously bailed co‑accused, and therefore ordered bail on a bond of Rs.10,000 with two sureties. The order directs the petitioner to appear before the Exclusive Special Excise Judge, II, Saran at Chapra.
Issues considered
- Whether the petitioner is entitled to bail despite charges of assault on police and liquor consumption under the Bihar Prohibition and Excise (Amendment) Act and BNS Act.
- Whether the nature of the allegations and lack of injury to police justify granting bail.
- Whether the petitioner’s lack of prior criminal antecedent and the precedent of bail to a co‑accused affect the bail decision.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 37, 45
- BNS Act — s. 109(1), 115(2), 126(2), 132, 3(5)
Subjects
- bail
- criminal procedure
- assault on police
- liquor consumption
- Bihar Prohibition and Excise Act
- BNS Act
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40307 of 2026
Arising Out of PS. Case No.-249 Year-2026 Thana- RIVILGANJ District- Saran
======================================================
Ravi Kumar Son of Late Shambhu Singh Resident of village- Magaidih, Ps-
Muffasil Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vipin Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Revilganj P.S. Case No. 249 of 2026 registered for the
offence punishable under Sections 37 and 45 of the Bihar
Prohibition and Excise (Amendment) Act and Sections 126(2),
115(2), 109(1), 132 and 3(5) of BNS.
3. The case of the prosecution, in short, is that police
received secret information that some persons were having
scuffle near Samsuddin middle school due to which traffic was
disrupted. Police reached there and found that two groups were
fighting. Police tried to persuade both the parties and dispensed
them but the member of one party attacked the police party.
Patna High Court CR. MISC. No.40307 of 2026(2) dt.24-06-2026
2/3
4. Learned counsel for the petitioner has submitted
that from perusal of the FIR it is clear that it is alleged that the
petitioner has assaulted the police party. The nature of
allegation against the petitioner is general and omnibus and it
has been submitted that no police personnel have received any
injury. As far as allegation of consumption of liquor is
concerned, the petitioner was found to have consumed liquor.
The allegation of consuming liquor is bailable one. It has been
lastly submitted that the petitioners are in judicial custody since
30.04.2026 having no criminal antecedent. Learned counsel has
further submitted that similarly situated other co-accused
person has already been granted bail by this court vide Cr.
Misc. No. 39541 of 2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of
learned Exclusive Special Excise Judge, IInd, Saran at Chapra
Patna High Court CR. MISC. No.40307 of 2026(2) dt.24-06-2026
3/3
in connection with Revilganj P.S. Case No. 249 of 2026.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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