Patna High Court
Ravi Ranjan Kumar @ Dhannu Chauhan @ Ravi Ranjan @ DhannuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
In the absence of direct incriminating material and given the prolonged pre‑trial custody, the court held that bail must be granted subject to conditions.
Summary
The petitioner, Ravi Ranjan Kumar, was charged under Sections 30(a), 30(c), 32(iii) and 36 of the Bihar Prohibition and Excise Act for alleged possession of 195 litres of liquor recovered from a hut. He contended that he was falsely implicated, that no liquor was found in his possession, and that his name was derived solely from a co‑accused’s confessional statement, which he argued lacks evidentiary value. The State opposed bail, while the petitioner highlighted his three prior convictions and the fact that he had been in custody since 10 December 2025 without compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court examined the lack of direct incriminating material, the prolonged pre‑trial detention, and the unreliability of the co‑accused’s confession. Concluding that the circumstances warranted relief, the Court granted bail on a bond of Rs 15,000 with two sureties and imposed conditions regarding family surety and regular appearance. The bail order is subject to cancellation if the petitioner defaults on two consecutive appearances.
Issues considered
- Whether the petitioner is entitled to bail despite the charges under the Bihar Prohibition and Excise Act
- Whether the confessional statement of a co‑accused provides sufficient basis for continued detention
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 affects the bail decision
Legislation cited
Subjects
- bail
- prohibition and excise
- confessional statement
- pre‑trial detention
- criminal procedure
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4995 of 2026
Arising Out of PS. Case No.-930 Year-2021 Thana- PHULWARISHARIF District- Patna
======================================================
Ravi Ranjan Kumar @ Dhannu Chauhan @ Ravi Ranjan @ Dhannu S/o Late
Etwaru Chauhan Resident of Village- Gobindpur, Nonia Tola, PS- Phulwari
Sharif, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Phulwari Sharif P.S. Case No. 930 of 2021, instituted for the
offences punishable under Sections 30(a), 30(c), 32(iii) and 36
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 195 liters
liquor was recovered from hut and plastic gallon.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.4995 of 2026(2) dt.29-01-2026
2/3
for the petitioner also submits that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis of confessional statement made by co-accused
person and the same has got no evidentiary value. It is further
submitted that the petitioner has got no concern with the alleged
hut. The petitioner is in custody since 10.12.2025 and has got
three criminal antecedents. There is no compliance of Section
103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Phulwari Sharif P.S.
Case No. 930 of 2021, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.4995 of 2026(2) dt.29-01-2026
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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