Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail must be granted as the petitioner had no incriminating possession, no prior record, and the statutory conditions for denial were not satisfied.
Summary
The petitioner, Ranjan Kumar, was arrested in connection with a case alleging possession of 140 litres of liquor recovered from a motorcycle, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no incriminating article in his conscious possession, and had no link to the vehicle, also noting his lack of prior criminal record and that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 had not been complied with. The State opposed bail, arguing the seriousness of the offence. The Court examined the facts, the petitioner’s clean antecedents, and the absence of statutory grounds for denial of bail, and found no justification to keep him in custody. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs.15,000 with two sureties. The order reflects the Court’s discretion to grant bail where the prosecution’s case does not establish a strong likelihood of the petitioner’s involvement.
Issues considered
- Whether the petitioner is entitled to bail under the circumstances of the case.
- Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, are applicable to deny bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- false implication
- criminal procedure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12798 of 2026
Arising Out of PS. Case No.-663 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Ranjan Kumar Son of Suresh Sahani @ Suresh Kumar Sahani Resident of
village- Telahiya Ps -Sugauli District -East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Sugauli
P.S. Case No. 663 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 total 140 litres
of liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
question or the alleged recovery of liquor. The petitioner is in
Patna High Court CR. MISC. No.12798 of 2026(2) dt.24-02-2026
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custody since 31.12.2025 and has no criminal antecedent. There
is no compliance of Section 103 of the Bharatiya Nagarika
Suraksha Sanhita, 2023.
5. Learned APP 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 as also 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/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sugauli P.S. Case
No. 663 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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