Patna High Court
Ravi Kumar Sah @ Ravi Saha @ Rabi Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Ravi Kumar Sah, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 106.560 litres of liquor in his car. He claimed innocence, stating that the liquor was not in his conscious possession, he was not arrested on the spot, and he had no knowledge of the goods in the vehicle. The petitioner had been in custody since 26‑11‑2025 and had no prior criminal record, and it was alleged that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was not complied with. The State opposed bail. Considering the lack of incriminating material, the petitioner’s clean record, and the prolonged custody, the Court inclined to grant bail, ordering a bond of Rs. 15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- section 30(a)
- section 103
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9663 of 2026
Arising Out of PS. Case No.-12 Year-2021 Thana- BALRAMPUR District- Katihar
======================================================
Ravi Kumar Sah @ Ravi Saha @ Rabi Kumar Sah Son of Uttam Prasad Saha
Resident of Mohalla- Desh Bandhu Para, Dalkola, P.S.- Dalkola, District-
Uttar Dinajpur (W.B.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Balrampur P.S. Case No. 12 of 2021, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 106.560 liters
liquor was recovered from car.
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.9663 of 2026(2) dt.12-02-2026
2/2
for the petitioner also submitted that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case as being owner of the car in question and he has got no
knowledge with regard to the nature of goods carried in his
vehicle. The petitioner is in custody since 26.11.2025 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 Balrampur P.S. Case
No. 12 of 2021.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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