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Patna High Court

Ranjit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Ranjit Kumar, was arrested in connection with the seizure of 368 litres of country liquor from a tempo, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He contended that he was falsely implicated as he was merely the driver and owner of the vehicle and the liquor did not belong to him. The co‑accused, Amit Kumar Raj, had already been released on bail. The petitioner had been in custody since 23‑12‑2025 and had no prior criminal record. After hearing both sides, the court considered the lack of antecedents, the bail already granted to the co‑accused, and the circumstances of the case, and ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the facts of the case.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • false implication
  • criminal antecedent
  • Section 30
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10235 of 2026
                  Arising Out of PS. Case No.-261 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
                                                        Madhepura
                 ======================================================
                 Ranjit Kumar S/o Shivnandan Yadav R/o Village- Baijnathpur, Ward No.23,
                 P.S.- Baijnathpur, District- Saharsa

                                                                                ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr. Shailendra Kumar Singh, Advocate
                                                   Mr. Deepak Kumar Singh, Advocate
                 For the Opposite Party/s :        Ms. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   17-02-2026                          1. Heard learned counsel for the parties.

                                        2. The petitioner has preferred this application for

                   grant of regular bail in connection with Udakishunganj Excise

                   P.S. Case no.261 of 2025 registered under section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016.

                                    3. As per the prosecution case, 368 litres of country

                   liquor was recovered from the tempo and three persons

                   including the petitioner herein and one Amit Kumar Raj were

                   taken into custody.

                                   4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case only for the

                   reason that he happens to be the driver and owner of the vehicle

                   from which the alleged seizure has taken place. The seized
            Patna High Court CR. MISC. No.10235 of 2026(2) dt.17-02-2026
                                                        2/2




                      article does not belong to the petitioner and it appears that same

                      was left behind by one of the customers. Co-accused Amit

                      Kumar Raj has been enlarged on bail vide order dated 10.2.2026

                      passed in Cr. Misc. no.7554 of 2026. The petitioner is in custody

                      since 23.12.2025 and has no criminal antecedent.

                                  5. The application for bail is opposed by learned A.P.P.

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegations in the FIR, the

                      petitioner having remained in custody since 23.12.2025, grant of

                      bail to co-accused Amit Kumar Raj vide aforesaid order dated

                      10.2.2026 and specially the petitioner not having any criminal

                      antecedent, the Court directs the petitioner to be enlarged on bail

                      in connection with Udakishunganj Excise P.S. Case no.261 of

                      2025 on furnishing bail bond of Rs.10,000/ (Rupees Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Additional Sessions Judge VII-cum-

                      Special Judge II, Madhepura.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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