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Patna High Court

Ravi Kumar @ KuisaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

Ravi Kumar was arrested in connection with a case of illicit liquor seizure amounting to 474.860 litres, alleged under Section 30(a) of the Bihar Prohibition & Excise Act. The prosecution could not produce any incriminating material found in his possession and argued that the recovery was from an open place. The petitioner contended that he had no direct link to the seized liquor and sought regular bail. The State opposed bail, highlighting twelve prior criminal antecedents of a similar nature and noting that charges had already been framed. The Court, after considering the nature of the accusation, period of custody and the fact that charges were framed, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the Exclusive Special Excise Court.

Issues considered

  • Whether bail should be granted to a person charged under Section 30(a) of the Bihar Prohibition & Excise Act despite prior similar criminal antecedents
  • Whether the framing of charge and period of custody preclude the grant of regular bail

Subjects

  • bail
  • Bihar Prohibition & Excise Act
  • illicit liquor
  • criminal antecedents
  • charge framed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88824 of 2025
                    Arising Out of PS. Case No.-823 Year-2022 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Ravi Kumar @ Kuisa S/o Late Laxman Sah Resident of village - Daroga Tola,
                 P.s.- Banjariya, Distt.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Mr. Hemant Ray, Advocates
                 For the Opposite Party/s :      Ms. Gulnar Begum, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   10-04-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Town P. S. Case No. 823 of 2022 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition &

                   Excise Act.

                                3. As per prosecution case, 474.860 liters illicit liquor

                   was recovered from the bush.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner and he is no way connected with the

                   aforesaid recovery. Recovery has been made from an open

                   place, accessible to one and all. Petitioner is in custody since
              Patna High Court CR. MISC. No.88824 of 2025(3) dt.10-04-2026
                                                          2/2




                        10.09.2025 and charge has been framed on 12.02.2026.

                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application and submitted that petitioner has

                        got 12 criminal antecedents of similar nature.

                                     6. Considering the nature of accusation, period of

                        custody and the fact that charge has been framed, this bail

                        application is allowed. The petitioner, above named, is directed

                        to be released on bail on furnishing bail bond of Rs. 10,000/-

                        (Ten thousand) with two sureties of the like amount each to the

                        satisfaction of the learned Exclusive Special Excise Court No. 1,

                        East Champaran, Motihari in connection with Town P. S. Case

                        No. 823 of 2022.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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