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Patna High Court

Ranjit Kumar @ Ranjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Ranjit Kumar, was arrested in connection with a case alleging possession of 331.20 liters of foreign liquor in a vehicle, contravening Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was unaware of the liquor and that no incriminating material was found in his possession, and highlighted his clean criminal record. The prosecution opposed bail, while the petitioner’s counsel argued lack of evidence and non‑compliance of Section 103 of the BNSS, 2023. The court considered the petitioner’s clean antecedent, short period of custody, and the circumstances of the case. It granted bail on a bond of Rs.15,000 with two sureties, imposing conditions regarding family surety and appearance in court.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts and the non‑compliance of Section 103 of the BNSS, 2023

Legislation cited

Subjects

  • bail
  • prohibition
  • excise
  • foreign liquor
  • Section 30(a)
  • Bihar
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11998 of 2026
                   Arising Out of PS. Case No.-20 Year-2025 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
                 Ranjit Kumar @ Ranjeet Kumar S/o Ram Pravesh Singh Resident of Village-
                 Ward No. 05, Fatehpur Bala, P.S.- Musrigharari, District- Samastipur
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Musrigharari PS Case No. 20 of 2025 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 331.20 liters

                   foreign liquor was recovered from car.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. It is submitted

                   that name of the petitioner has surfaced in this case as being

                   owner of the vehicle in question and he was oblivious of the fact
           Patna High Court CR. MISC. No.11998 of 2026(2) dt.23-02-2026
                                                       2/2




                     that illicit liquor was laden in the vehicle. The petitioner is in

                     custody since 19.01.2026 and has got no criminal antecedent/s.

                     There is no compliance of Section 103 of the BNSS, 2023.

                             5.      Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, clean antecedent of the petitioner and the period of

                     custody undergone by the petitioner, this Court is inclined to

                     grant bail to the petitioner.

                             7.      Let the petitioner be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court            in connection with Musrigharari PS

                     Case No. 20 of 2025, subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T


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