Patna High Court
Ravi Raushan Kumar @ Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Ravi Raushan Kumar, was arrested in connection with a case alleging possession of 108 litres of liquor, invoking Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no liquor was found in his personal possession, and that he has no prior criminal record. He also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the lack of direct evidence against the petitioner and the period of custody already endured, decided to grant bail. The order directed the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite the recovery of liquor from a public place.
- Whether the prosecution has complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
- Whether the allegations under Sections 274, 275 of the Bharatiya Nyaya Sanhita, 2023 and 30(a) of the Bihar Prohibition and Excise Act warrant denial of bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275
Subjects
- bail
- liquor offence
- false implication
- surety
- criminal procedure
- Section 103
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7883 of 2026
Arising Out of PS. Case No.-1147 Year-2025 Thana- MAHUA District- Vaishali
======================================================
Ravi Raushan Kumar @ Raushan Kumar S/O Manjay Lal Singh R/O Village-
Mirzanagar, P.S- Mahua, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Mahua
P.S. Case No. 1147 of 2025 instituted for the offences
punishable under Sections 274, 275 of the Bharatiya Nyaya
Sanhita, 2023 and 30(a) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 108 litres
of liquor has been recovered from bathaan.
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 rather the recovery has been made
Patna High Court CR. MISC. No.7883 of 2026(2) dt.10-02-2026
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from an open place which is accessible to public at large. The
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 13.12.2025 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 Mahua P.S. Case No.
1147 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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