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Patna High Court

Ravi Ranjan Kumar @ Dhannu Chauhan @ Ravi Ranjan @ DhannuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                         3/3




                       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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