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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
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                       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
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                      in connection with Revilganj P.S. Case No. 249 of 2026.



                                            (Ashok Kumar Pandey, J)
Shubham/-
U     T


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