Ravi Ranjan Kumar @ Rabara v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34978 of 2026 Arising Out of PS. Case No.-281 Year-2026 Thana- GAURICHAK District- Patna ====================================================== Ravi Ranjan Kumar @ Rabara S/O Satyendra @ Guddi Rai R/O VillageBhagwanpur (Devarsaukhi), P.S.- Panchrukhiya, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Adv.
For the Opposite Party/s :
Mr. Md. Shakir Ahmad, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2026
1. Heard the parties through virtual mode.
2. The petitioner is apprehending arrest in connection with Gaurichak (Panchrukhia) P.S. Case No. 281 of 2026 instituted under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
3. As per the prosecution story, the police, on secret information, raided the place near the Punpun River and there was recovery/seizure of 200 liters of country-made liquor. Those present there named this petitioner. This led to the FIR.
4. Learned counsel for the petitioner submits that a perusal of the FIR shows that the recovery/seizure was made near the river and not from the conscious possession of the petitioner.
5. Further, learned counsel for the petitioner relied on
2/4 the judgment of the Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising our of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
6. Learned APP, Md. Shakir Ahmad opposes the prayer submitting that he has criminal antecedent.
7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that the recovery is from an open place, in that background this Court is inclined to extend him the privilege of anticipatory bail.
8. Let the petitioner be released on bail, in the event of his arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Gaurichak (Panchrukhia) P.S. Case No. 281 of 2026 to the satisfaction of learned Special Judge Excise, Patna City, Patna subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as
3/4 also the other conditions.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned police station every day for one month and later every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Nirmal/Aniket U T