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Patna High Court

Ravi Ranjan Kumar @ Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding no sufficient ground to deny his release.

Summary

The petitioner, Ravi Ranjan Kumar, sought bail in a case (Indrapuri P.S. Case No. 167 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 50 litres of country-made liquor. The prosecution alleged that the liquor was recovered from a jute sack and that the co-accused named the petitioner, who had been in custody since 12‑12‑2025 and had a prior criminal antecedent. The petitioner’s counsel argued that no incriminating material was found in his possession, he was not apprehended on the spot, and there was non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the facts, the court found the petitioner eligible for bail and ordered his release on furnishing a bail bond of Rs. 15,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the circumstances of the case.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 103
  • liquor possession
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5355 of 2026
                      Arising Out of PS. Case No.-167 Year-2025 Thana- INDRAPURI District- Rohtas
                 ======================================================
                 Ravi Ranjan Kumar @ Raushan Kumar S/o Ashok Singh Resident of village-
                 Patnnwa @ Patanwa kala (patnawa kala Indarpura), PS- Indrapuri, Distirct-
                 Rohtas
                                                                          ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md Danish Quamar, Advocate
                                                  Mr. Madina Moneer,
                 For the Opposite Party/s :       Mrs.Pushpa Sinha, 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

                   Indrapuri P.S. Case No. 167 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                 3. The prosecution case, in short, is that total 50 liters

                   of country made liquor was recovered from Jute sack.

                                 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.5355 of 2026(2) dt.31-01-2026
                                                       2/2




                     for the petitioner further submitted that the recovery has been

                     made from jute sack. The petitioner has not been apprehended

                     on the spot. The Apprehended co-accused has disclosed the

                     name of petitioner.             The petitioner is in custody since

                     12.12.2025 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 Indrapuri P.S. Case

                     No. 167 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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