Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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