Patna High Court
Ravi Kumar @ Ravi Kumar Rai @ Ravi RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to monetary bond and specific conditions.
Summary
Ravi Kumar was arrested in connection with a case involving the seizure of 3,411 litres of illicit liquor from a truck, two pickups and a tempo. He was charged under several provisions of the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was merely the owner of the vehicle, had no knowledge of the contraband, and that no incriminating material was found on his person; he also pointed out that the prosecution had not complied with Section 103 of the BNSS. The State opposed bail, citing the seriousness of the offences and the petitioner’s four prior convictions. After considering the circumstances, the court granted bail subject to a bond of Rs.15,000 with two sureties and conditions regarding family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bihar Prohibition and Excise Act and the BNSS.
- Whether the prosecution’s failure to comply with Section 103 of the Bharatiya Nyaya Sanhita, 2023, warrants bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 111, 317(5), 336(3), 338, 340(2)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nyaya Sanhita
- Section 103
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86108 of 2025
Arising Out of PS. Case No.-208 Year-2025 Thana- MANIYARI District- Muzaffarpur
======================================================
Ravi Kumar @ Ravi Kumar Rai @ Ravi Ray S/O Raj Kishor Ray @ Raj
Kishore Ray Resident of village - Taraura Gopalpur, P.S- Musahari, Dist-
Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sagar Kumar, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 31-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Maniyari PS Case No. 208 of 2025 instituted for the offences
under Section/s 30(a), 32(1), 32(2), 36 & 41(1) of the Bihar
Prohibition and Excise Act and Section 317(5), 338, 336(3),
340(2) & 111 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that 3411 liters
liquor was recovered from one truck, two pickup vans and one
tempo.
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
Patna High Court CR. MISC. No.86108 of 2025(3) dt.31-01-2026
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the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that name of the petitioner has surfaced in this case as being
owner of the vehicle in question and he was oblivious of the fact
that illicit liquor was laden in the vehicle. The petitioner is in
custody since 01.11.2025 and has got four criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Maniyari PS Case No. 208 of 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
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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