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Patna High Court

Ravi Ojha @ Rabi OjhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

Petitioner Ravi Ojha, the owner of a truck, was implicated in the seizure of 4,359.6 litres of liquor near Narmada Warehouse. He was not arrested at the spot and the liquor was not found in his conscious possession; the allegation is that his driver misused the vehicle. The petitioner, who has a clean antecedent, had been in custody since 18‑10‑2025 and sought regular bail. The State opposed the bail, citing offences under Sections 30(a), 32(ii)(iii), 36 and 41(i) of the Excise Act. The Court, after considering the submissions, held that the petitioner’s lack of direct involvement and clean record warranted bail, and ordered his release on a bond of Rs.10,000 with two sureties. The bail application was therefore allowed.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving alleged offences under the Excise Act.
  • Whether ownership of the seized vehicle and alleged driver misconduct constitute sufficient grounds to deny bail.
  • Whether the absence of conscious possession of the seized liquor justifies granting bail.

Legislation cited

Subjects

  • bail
  • Excise Act
  • liquor seizure
  • vehicle ownership
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87504 of 2025
                      Arising Out of PS. Case No.-84 Year-2024 Thana- Chhaudahi District- Begusarai
                 ======================================================
                 Ravi Ojha @ Rabi Ojha S/O Krishna Nand Ojha @ Krishna Nandan Ojha @
                 Krishna Ojha @ Krishnanad Ojha @ Krishnandan Ojha R/O Village/ Mohalla
                 - Lavkush Nagar, Ramghat, Faizabad, Ayodhya, Ward No. 51, P.S.- Kotwali,
                 District-Ayodhya (U.P.).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Diwakar .
                 For the Opposite Party/s :        Mr.Surendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 30(a), 32(ii)(iii), 36, 41(i)

                   of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 4359.600 litres of liquor from a place near

                   Narmada Warehouse and a truck was seized.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and he came to be

                   implicated during the course of investigation based on the fact
               Patna High Court CR. MISC. No.87504 of 2025(2) dt.17-01-2026
                                                           2/2




                         that he is owner of the seized vehicle. It is next submitted that

                         petitioner is in custody since 18.10.2025. It is also submitted

                         that no prudent person would use his own vehicle for

                         committing a crime and thus, would create evidence against

                         himself and hence, would get implicated. It is further submitted

                         that petitioner was completely unaware that his driver would

                         misuse the vehicle in the manner as alleged

                                      5. Learned A.P.P. opposes the bail application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioner, the petitioner, above-named, is

                         directed to be released on regular bail on his furnishing bail-

                         bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with

                         two sureties of the like amount each to the satisfaction of the

                         learned Trial Court where the case is pending/successor Court in

                         connection with Chhaurahi P. S. Case No.84 of 2024.

                                      7. The application stands allowed.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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