Patna High Court
Ravindra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
Ravindra Kumar was arrested in connection with the seizure of 1,800 litres of Nepali liquor alleged to violate Section 30(a) of the Bihar Liquor Prohibition & Excise Act. The petitioner contended that no liquor was found in his conscious possession and that the police failed to comply with Sections 103 and 105 of the Bihar Narcotic and Substance Seizure Act, 2023. The State opposed bail, citing ten other pending cases, though the petitioner was already on bail in those matters. The court examined the lack of direct possession, procedural lapses, and the petitioner’s criminal antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal record without delaying the bail.
Issues considered
- Whether bail should be granted when the accused has no conscious possession of the seized liquor.
- Whether non‑compliance with Sections 103 and 105 of the B.N.S.S., 2023 warrants bail.
- Whether the existence of multiple pending criminal cases bars the grant of bail.
Legislation cited
- Bihar Liquor Prohibition & Excise Act — s. 30(a)
- Bihar Narcotic and Substance Seizure Act, 2023 — s. 103, 105
Subjects
- bail
- liquor prohibition
- seizure
- procedural compliance
- criminal antecedent
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44310 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- RIGA District- Sitamarhi
======================================================
Ravindra Kumar son of Surendra Mahto Resident of village- Bhaluaha Post
-Hanuman nagar PS -Bhutahi Distt -Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Advocate
For the Opposite Party/s : Mrs. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 03-07-2026 Heard Mr. Dwij Raj, learned counsel for the petitioner
and Mrs. Asha Devi, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
16.03.2026, in connection with Riga P.S. Case No. 29 of 2026,
F.I.R. dated 26.01.2026 registered for the offences punishable
under Sections 30(a) of the Bihar Liquor Prohibition & Excise
Act.
3. Recovery is of 1800.00 litres of Nepali liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It appears from the F.I.R. as well as seizure list that
altogether 1800.00 litres of Nepali liquor was recovered from the
vehicle in question and nothing has been recovered from the
conscious possession of the petitioner. It appears from the F.I.R.
Patna High Court CR. MISC. No.44310 of 2026(2) dt.03-07-2026
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as well seizure list that the seizure list witnesses are police
personnel so there is non compliance of Sections 103 and 105 of
the B.N.S.S., 2023. He further submits that the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 16.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries ten more cases other than
the present one but fairly submits on the basis of paragraph-3 of
the bail petition that the petitioner is on bail in pending matters.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non compliance of
Sections 103 and 105 of the B.N.S.S., 2023, let the petitioner,
above named, 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 learned Exclusive Excise Court
No. I, Sitamarhi in connection with Riga P.S. Case No. 29 of 2026,
subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
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bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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