Patna High Court

Ranjit ShahversusThe State of Bihar

Decided: 24 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted subject to bond, sureties and verification of the petitioner’s antecedent cases.

Summary

The petitioner, Ranjit Shah, applied for anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 alleging recovery of 17.28 litres of liquor from a bush and garbage. He contended that he was not arrested at the scene, no liquor was found in his possession, and the accusation stemmed solely from a hostile chowkidar’s disclosure. The State opposed the bail, arguing the seriousness of the offence. The Court granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. It further stipulated that if more than one prior case is found, the bail would not be confirmed, whereas a single antecedent would lead to immediate confirmation.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Whether the petitioner’s prior criminal antecedents affect the grant or confirmation of anticipatory bail.
Whether the reliance on a hostile chowkidar’s statement suffices to justify arrest without seizure of contraband.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Section 30
Bihar Prohibition and Excise Act
criminal antecedent
inherent powers of court
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11740 of 2026
                     Arising Out of PS. Case No.-415 Year-2025 Thana- BARAULI District- Gopalganj
                 ======================================================
                 Ranjit Shah S/o Nakhedi Sah @ Nakchhedi Sah R/o Village - Barauli, P.S. -
                 Barauli, District - Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shubhangi Pandey
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-02-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 17.28 litres of liquor from bush and

                   a garbage. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from his conscious

                   possession and he came to be implicated based on the disclosure

                   made by the chowkidar, with whom he is on an inimical term. It

                   is also submitted that if chowkidar was aware of the

                   involvement of the petitioner in the occurrence then why he did
Patna High Court CR. MISC. No.11740 of 2026(2) dt.24-02-2026
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          not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.5000/- (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 Barauli

          P.S. Case No.415/2025, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of one

          case, in that event the provisional anticipatory bail order shall be
             Patna High Court CR. MISC. No.11740 of 2026(2) dt.24-02-2026
                                                         3/3




                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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