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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court inclined to grant bail to the petitioner.

Summary

The petitioner, Ravi Kumar, was arrested in connection with a case alleging possession of 70 litres of illicit country-made liquor recovered from a plastic sac outside his house, under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating no liquor was found in his conscious possession, he has no prior criminal record, and the recovery occurred in a public area, with alleged procedural lapses under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court considered the lack of incriminating material, the short period of custody, and the procedural deficiencies. Consequently, the court decided to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount. The bail order was directed to be complied with by the concerned lower court.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case and procedural compliance.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Bihar
  • criminal procedure
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90476 of 2025
                    Arising Out of PS. Case No.-282 Year-2025 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 Ravi Kumar, Son of Om Prakesh Azad @ Om Prakash R/o Village- Naya
                 Tola, Madhopur, P.S.- Bakhtiyarpur, District- Patna.
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Suraj Kumar, Advocate
                 For the Opposite Party/s :      Mr.Shyam Kumar Singh, 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

                   Baktiyarpur P.S. Case No. 282 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 70 liters

                   of country made liquor was recovered from plastic sac outside

                   the house of the petitioner.

                                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
           Patna High Court CR. MISC. No.90476 of 2025(2) dt.12-01-2026
                                                       2/2




                     for the petitioner further submitted that the recovery has been

                     made from open place, outside the house of the petitioner, which

                     is accessible to public at large. The name of the petitioner has

                     been disclosed by the local people. The petitioner is in custody

                     since 03.11.2025 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 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             Baktiyarpur P.S.

                     Case No. 282 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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