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Patna High Court

Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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