Patna High Court
Ravikant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Ravikant Kumar, was arrested on 23 November 2025 after 21 litres of illicit country-made liquor were recovered from a motorcycle, which belongs to his brother. He was charged under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the liquor, no incriminating material was found on him, and he was falsely implicated; he also pointed out non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedent. Considering the lack of direct evidence against him, the period of custody already served, and the procedural lapse, the Court granted bail on a bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act despite a prior criminal antecedent.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- excise
- illegal liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- prior antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5342 of 2026
Arising Out of PS. Case No.-446 Year-2025 Thana- Daudnagar Excise District- Aurangabad
======================================================
Ravikant Kumar S/O Sonarik Yadav R/O Village - Kanap, P.S- Daudnagar,
District- Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Rupa Kumari, Advocate
For the Opposite Party/s : Ms.Anita Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Daudnagar Excise P.S. Case No. 446 of 2025, instituted for the
offences punishable under Sections 30(a) and 32(c)of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 21 liters
of country made liquor was recovered from motorcycle.
Petitioner was arrested on the spot.
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. The alleged
Patna High Court CR. MISC. No.5342 of 2026(2) dt.31-01-2026
2/2
motorcycle belongs to the brother of petitioner. The petitioner
has no concerned with the alleged motorcycle. The petitioner is
in custody since 23.11.2025 and has got one criminal
antecedent. 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 Daudnagar Excise
P.S. Case No. 446 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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