Patna High Court
Ravi Ojha @ Rabi OjhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Excise Act — s. 30(a), 32(ii)(iii), 36, 41(i)
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
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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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