Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the alleged liquor was not recovered from the petitioner's possession and he has a clean antecedent.
Summary
Ravi Kumar was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly engaging in illegal liquor trade, with 3.78 litres of illicit liquor recovered from a motorcycle bearing registration No. BR05AQ-0984. The petitioner contended that the liquor was not in his conscious possession and that his name appeared only on the basis of a local watchman's disclosure, asserting a clean antecedent. The Additional Public Prosecutor opposed the grant of anticipatory bail. The court observed that the recovery was not made from the petitioner's physical possession and, considering his clean record, directed that he be released on bail upon surrendering within four weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. Consequently, anticipatory bail was granted.
Issues considered
- Whether anticipatory bail should be granted when the alleged contraband is not found in the petitioner's physical possession.
- Whether the petitioner's clean antecedent warrants bail under Section 438(2) of the CrPC.
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- CrPC 438
- BNSS 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42766 of 2026
Arising Out of PS. Case No.-134 Year-2026 Thana- SANGRAMPUR District- East
Champaran
======================================================
Ravi Kumar, S/o Late Bhola Prasad, Resident of village- Bhawani mauje P.s.-
Sangrampur, Dist.- East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Sangrampur P.S.
Case No.134 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 3.78 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that the alleged recovery was made from a
Motorcycle bearing Registration No. BR05AQ-0984. It is
further submitted that nothing has been recovered from the
conscious possession of the petitioner. It is also pointed out
Patna High Court CR. MISC. No.42766 of 2026(2) dt.01-07-2026
2/2
that the name of the petitioner surfaced solely on the
disclosure made by a local Chaukidar. The petitioner claimed
clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this petitioner,
accordingly, the petitioner above-named, who is a man of clean
antecedent, in the event of his arrest or surrender in the court
below within a period of four weeks from today, is directed to
be released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Excise
Judge-I, East Champaran, Motihari in connection with
Sangrampur P.S. Case No.134 of 2026, subject to the
conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
Raushan/- (Chandra Shekhar Jha, J)
U T
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