Patna High Court
Ranjit RajwanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioners despite the charges under the Bihar Prohibition and Excise Act.
Summary
The petitioners, Ranjit Rajwanshi and Upendra Rajwanshi, were arrested on 30 November 2025 after police recovered 98 litres of country‑made liquor from three sacks in an open area. They were charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioners contended that they had no conscious possession of the liquor, that the recovery was made from a public place, and that no incriminating material linked them to the contraband. They also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and pointed out that one petitioner had no prior criminal record while the other had only one antecedent. The State opposed the bail application, arguing the seriousness of the offence. After considering the facts, the duration of custody, and the arguments raised, the Court decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount each.
Issues considered
- Whether bail should be granted to the accused under the circumstances of the case involving alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10016 of 2026
Arising Out of PS. Case No.-980 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
1. Ranjit Rajwanshi S/o Late Radhe Ram Rajwanshi R/o Village- Jaishin
Bigha, PS- Muffasil, Dist.- Nawada
2. Upendra Rajwanshi S/o Late Ram Chandra Rajwanshi R/o vill - Bhaur, P.S.-
Rajauli, Distt.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Excise
Nawada P.S. Case No. 980 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 98 liters of
country made liquor was recovered from three sacks. Petitioners
were arrest on the spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.10016 of 2026(2) dt.19-02-2026
2/2
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners further submitted that the recovery
has been made from mountain, which is an open place and is
accessible to public at large. The petitioners are in custody since
30.11.2025. Petitioner No.1 has no criminal antecedent, whereas
petitioner No.2 has one 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise Nawada P.S.
Case No. 980 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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