Allowed¶20

Ravi Kumar v. The State of Bihar

Patna HC28 Jan 2025CR. MISC./3087/2025

Case brief

AI extract

What is this about?

Bail granted; Criminal Miscellaneous No.3087 of 2025; Patna High Court; decided 28-01-2025; Justice Rudra Prakash Mishra; petitioner Ravi Kumar s/o Late Manoj Kumar Sah; State of Bihar; Sadar Excise PS Case No. 215 of 2024, Saran; Sections 30(a) and 32(3) Bihar Prohibition and Excise Act; Section 103 B.N.S.S. compliance contention; 140 litres country made liquor recovered from Tempo; petitioner alleged driver; custody since 06.12.2024; no criminal antecedent; bail bond Rs.10,000 with two sureties of like amount; advocates Ms. Mili Kumari (petitioner) and Mr. Nand Kumar, APP (State).

What did the court decide?

Release of the petitioner on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Sadar Excise PS Case No. 215 of 2024.

Ravi Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, alleged to be connected with recovery of 140 litres of country made liquor from a tempo and in custody since 06.12.2024, should be released on bail in connection with Sadar Excise PS Case No. 215 of 2024 under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

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Ratio / Principle

Considering the facts and circumstances of the case, the clean antecedent of the petitioner and the period of custody undergone, the Court was inclined to grant bail to the petitioner.

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Key takeaways

The petitioner was directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Sadar Excise PS Case No. 215 of 2024.ratio¶20

Detailed headnote1 paragraphs

Bail - Patna High Court (Rudra Prakash Mishra, J.) allowed the bail application in Sadar Excise PS Case No. 215 of 2024 (District Saran), instituted for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, arising out of alleged recovery of total 140 litres of country made liquor from a Tempo. Counsel for the petitioner argued innocence, absence of conscious possession, that the petitioner was only the driver of the seized tempo unaware of the goods laden, custody since 06.12.2024 with no criminal antecedent, and non-compliance of Section 103 of B.N.S.S.; learned A.P.P. opposed the bail prayer. Considering the facts and circumstances, the clean antecedent of the petitioner and the period of custody undergone, the Court ordered release on bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court below.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3087 of 2025

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Arising Out of PS. Case No.-215 Year-2024 Thana- Excise P.S. District- Saran

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======================================================

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Ravi Kumar Son of Late Manoj Kumar Sah Resident of Village - Jamuna Musehari, Police Station - Muffasil, District - Saran, Chapra

... ... Petitioner/s

Versus

The State of Bihar

===================	... ... Opposite Party/s ===================================
Appearance : For the Petitioner/s :	Ms. Mili Kumari, Advocate
For the Opposite Party/s : ===================	Mr. Nand Kumar, APP ===================================
CORAM: HONOURABL MISHRA	E MR. JUSTICE RUDRA PRAKASH

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ORAL ORDER

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2 28-01-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in connection with Sadar Excise PS Case No. 215 of 2024 instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that total 140 litres of country made liquor was recovered from Tempo.

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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. It is submitted that petitioner is the driver of the seized tempo and he has no

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Patna High Court CR. MISC. No.3087 of 2025(2) dt.28-01-2025 2/2

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knowledge regarding the nature of goods laden in the vehicle. The petitioner is in custody since 06.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar Excise PS Case No. 215 of 2024.

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(Rudra Prakash Mishra, J)

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Raj Ranjan/- U T

Ravi Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ravi Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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