Patna High Court
Ranjeet RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to monetary and procedural conditions.
Summary
Ranjeet Rai was arrested in connection with the recovery of 2,960 litres of spirit from a truck, alleged to violate Sections 318(4), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023 and several provisions of the Bihar Prohibition and Excise Act. The petitioner contended that he was neither the owner nor the driver of the vehicle, that the liquor was planted, and that no incriminating material was found in his possession, while also pointing out a lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, emphasizing the seriousness of the offence and the petitioner’s twelve prior criminal antecedents. After considering the facts, the court found the petitioner’s claim of innocence plausible and, despite his antecedents, decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties, a family member as one bailor, mandatory appearance at trial dates, and cancellation provisions for future similar offences.
Issues considered
- What is the appropriate discretion of the court in granting bail to an accused charged under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act, considering the seriousness of the offence and the accused’s prior criminal record?
- Whether the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2)
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- antecedents
- court discretion
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1381 of 2026
Arising Out of PS. Case No.-360 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Ranjeet Rai S/o Birendra Rai @ Virendra yadav Resident of village- Shankar
Saraiya Parsauna, P.S.- Turlauliya, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Turkauliya P.S. Case No. 360 of 2025, instituted for the offences
punishable under Sections 318(4), 338, 336(3) and 340(2) of the
Bharatiya Nyaya Sanhita, 2023 and Section 30(a), 30(b), 32(2),
32(3), 33, 36, 41(1) and 41(2) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 2960
liters of spirit was recovered from Truck.
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
Patna High Court CR. MISC. No.1381 of 2026(2) dt.19-01-2026
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no concern with the alleged recovery of liquor. The petitioner
was neither owner nor driver of the vehicle and the said
recovery has been planted for extraneous consideration. The
name of the petiitoner has been disclosed by co-accused Harshit
Singh. Petitioner was arrested on the spot. The petitioner is in
custody since 16.10.2025 and has got 12 criminal antecedents.
There is no compliance of Section 103 of the Bharatiya Nagarik
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 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, after framing
of charge, if not already framed, 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 Turkauliya P.S. Case No. 360 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
Patna High Court CR. MISC. No.1381 of 2026(2) dt.19-01-2026
3/3
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.
(III) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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