Patna High Court
Ranvijay Singh @ Ranvijay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Ranvijay Singh, sought anticipatory bail fearing arrest in a case under the Bihar Narcotic Substances Act, 2023 and the Bihar Prohibition and Excise Act, 2016, alleging recovery of 2,615 litres of liquor from two vehicles. He contended that he was not arrested on the spot, had no possession of the liquor, was not the owner of the vehicles, and was implicated solely on secret information without proper investigation. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. If more than one antecedent is found, the bail will not be confirmed; if only one, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged liquor seizure and alleged criminal antecedent
- Whether the petitioner’s alleged reliance on secret information and lack of possession justify granting bail
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5), 318(4), 61(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(ii)(iii), 41(i)(ii)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- secret information
- criminal antecedent
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11643 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- Chhaudahi District- Begusarai
======================================================
Ranvijay Singh @ Ranvijay Kumar Singh S/O Dablu Singh @ Prashant
Shankar Singh R/O Village- Nayanagar, Ward No.- 7, P.S. - Hasanpur, Dist.-
Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arjun Prasad, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 318(4),
317(5) and 61(2) of the BNS, 2023 as well as Sections 30(a),
32(ii)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise Act,
2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 2615 litres of liquor from two
different vehicles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
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that petitioner is not the owner of any of the seized vehicles and
came to be implicated based on the secret information which is
the easiest way to implicate someone. It is next submitted that
once an accused is implicated in a case relating to excise the
police start implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/Successor Court in connection with Chhaurahi P.S.
Case No. 148 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than one
Patna High Court CR. MISC. No.11643 of 2026(2) dt.15-04-2026
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case, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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