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Ravi Shankar Singh v. The State Of Bihar

Anticipatory Bail – Bihar Prohibition and Excise Act, Section 30(a) – Recovery of country liquor not from conscious possession – Name disclosed on secret information and prior antecedents

Patna HC8 May 2025CR. MISC./20049/2025

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What is this about?

Patna High Court, CR. MISC. No.20049 of 2025(2), decided 08-05-2025 by Justice Rajesh Kumar Verma. Anticipatory bail application in excise case under Section 30(a), Bihar Prohibition and Excise Act; 366.800 liters country liquor recovered from boat, not conscious possession; bail bond Rs. 10,000/- with two sureties; reliance on Full Bench decision Ram Vinay Yadav (2019(2) P.L.J.R. 1089).

What did the court decide?

Anticipatory bail granted with conditions ¶24

Ravi Shankar Singh Vs The State Of Bihar — Anticipatory Bail | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20049 of 2025

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Arising Out of PS. Case No.-178 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj

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Ravi Shankar Singh S/O Jagat Singh R/O Vill.- Bhagwanpur, P.S.- Nautan, Dist.- West Champaran.

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... ... Petitioner/s

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Versus

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The State Of Bihar Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Adarsh Ranjan, Advocate For the Opposite Party/s : Ms. Asha Kumari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 08-05-2025

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Heard Mr. Adarsh Ranjan, learned counsel for the

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petitioner and Ms. Asha Kumari, learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in connection with Vishambharpur P.S. Case No. 178 of 2024, F.I.R dated 12.12.2024 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

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Recovery is of 366.800 liters of country made

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liquor.

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Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R is false and fabricated. He further submits that it appears from the F.I.R and seizure list that nothing has been recovered from the

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Patna High Court CR. MISC. No.20049 of 2025(2) dt.08-05-2025 2/4

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conscious possession of the petitioner rather the recovery has been made from the boat in question and the petitioner has no concerned with the alleged recovery of illict liquor or the boat in question and he has been made accused merely on the ground of the previous antecedents as well as on the basis of secret information.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioner referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the pre-arrest bail would not be maintainable and submits that the petitioner carries six criminal antecedents other than the present one, but fairly submits that he is on bail in the pending matters.

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This court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) P.L.J.R. 1089 . Having regard to the law laid down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of counsel for the petitioner.

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Considering the aforesaid facts, nothing has been recovered from conscious possession of the petitioner and the

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Patna High Court CR. MISC. No.20049 of 2025(2) dt.08-05-2025 3/4

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name of the petitioner has come on the basis of secret information, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Addl. District & Sessions Judge-IV-cum-Exclusive Special Excise Court No.-II, Gopalganj, in connection with Vishambharpur P.S. Case No. 178 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:-

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i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

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Patna High Court CR. MISC. No.20049 of 2025(2) dt.08-05-2025 4/4

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any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Jyoti Kumari/-

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U T

Ravi Shankar Singh v. The State Of Bihar

Case brief

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Ravi Shankar Singh v. The State Of Bihar

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