Patna High Court

Ravindra KumarversusThe State of Bihar

Decided: 30 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner subject to conditions.

Summary

The petitioner, Ravindra Kumar, was arrested in connection with an excise case alleging possession of 196.200 litres of liquor, alleged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver of the vehicle, had no knowledge of the contraband, and that no incriminating article was found in his possession; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. The Court, noting the petitioner’s lack of prior criminal record, the fact that a co‑accused had already been granted bail, and the prolonged custody since 5 November 2025, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s regular appearance before the trial court.

Issues considered

What is the appropriateness of granting bail to the petitioner under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act given the facts of the case?
Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise offence
liquor seizure
criminal procedure
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 103
court order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6942 of 2026
                    Arising Out of PS. Case No.-1805 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Ravindra Kumar S/O Rajdeo Bhagat R/O Village- Damodarpur, PS- Kanti,
                 District- Muzaffarpur,Bihar

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :           Mr. Indrajeet Bhushan, Advocate
                 For the Opposite Party :           Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   30-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Excise

                   P.S. Case No. 1805/2025 instituted for the offences punishable

                   under Sections 30(a) and 32(3) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 196.200

                   litres of liquor was recovered from auto.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner is not the owner of the vehicle. It is further
Patna High Court CR. MISC. No.6942 of 2026(2) dt.30-01-2026
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          submitted that petitioner is the driver of the vehicle in question

          but he had no knowledge regarding the goods loaded in the

          vehicle. The other co-accused person has already been granted

          bail by this court vide order dated 10.12.2025 passed in Cr.

          Misc. No. 85528/2025. The petitioner is in custody since

          05.11.2025 and has no criminal antecedent. There is no

          compliance of Section 103 of the Bharatiya Nagarika 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 as also 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 Excise P.S. Case No.

          1805/2025, 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.6942 of 2026(2) dt.30-01-2026
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T

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