Patna High Court

Somar RavidasversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Somar Ravidas, a driver, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 120.240 litres of liquor. The petitioner claimed innocence, stating no liquor was found in his possession and he had no knowledge of the goods, and he had no prior criminal record. The State opposed bail, but the court noted the lack of incriminating material, the petitioner’s custody since 13‑09‑2025, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these factors, the court granted bail subject to a Rs.15,000 bond, two sureties, a family member as one bailor, and strict appearance requirements. The bail may be cancelled if the petitioner defaults on two consecutive court dates.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Whether the petitioner poses a risk of fleeing or tampering with evidence.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
driver
criminal procedure
surety
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90293 of 2025
                       Arising Out of PS. Case No.-303 Year-2025 Thana- GUTHANI District- Siwan
                 ======================================================
                 Somar Ravidas S/O Late Subhash Ravidas R/O Village- Vidhipur, P.S-
                 Salimpur, Dist.- Patna.
                                                                    ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sarfraz Ahmad, Advocate
                 For the Opposite Party/s :       Mr.Mritunjay Kumar Nirala, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Guthani P.S. Case No. 303 of 2025, instituted for the offences

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

                   Excise Act.

                                3. The prosecution case, in short, is that total 120.240

                   liters liquor was recovered from Tampoo.

                                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

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   further submitted that the petitioner is driver of the vehicle and

                   he has no knowledge regarding the goods loaded in the vehicle.
           Patna High Court CR. MISC. No.90293 of 2025(2) dt.12-01-2026
                                                       2/2




                     The petitioner is in custody since 13.09.2025 and has got no

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarik 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 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/- (Rupees Fifteen Thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Guthani P.S. Case No. 303 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

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                     (Rudra Prakash Mishra, J)
manish/-

U      T

Continue reading with your account

Checking your session…