Patna High Court
Alok RanjanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail, subject to bond and surety conditions, and ordered verification of the petitioner’s antecedent before confirming the bail.
Summary
The petitioner, Alok Ranjan, sought anticipatory bail after a police case was registered under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of 400 litres of spirit from a vehicle he owned. He argued that he was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that his driver had misused the vehicle. The petitioner also highlighted that he has only two prior criminal cases, contending that this does not warrant denial of bail. The State opposed the bail, relying on the seriousness of the offence and the alleged involvement of the petitioner as the vehicle owner. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedent, with confirmation of bail contingent on the findings. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner’s prior criminal antecedent of two cases precludes the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 30(c)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- bail
- excise offence
- vehicle owner liability
- criminal antecedent
- Section 30
- Bihar Prohibition and Excise Act
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13924 of 2026
Arising Out of PS. Case No.-161 Year-2025 Thana- MALI District- Aurangabad
======================================================
Alok Ranjan Son of Girija Singh R/o Village - Daidi, P.S. - Ghoshi, Dist. -
Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Akbar Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 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 offences punishable under Sections 30(a) and
30(c) of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases and allegation is of
recovery of 400 litres of spirit from a car.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It it next submitted that no prudent
person would use his own vehicle for committing an occurrence
and, thus, would create evidence against himself and, hence,
Patna High Court CR. MISC. No.13924 of 2026(2) dt.12-03-2026
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would get implicated. It is also submitted that petitioner was
completely unaware that his driver would misuse the vehicle in
the manner as alleged who also fled from the spot. It is
submitted that off late police have started mechanically
implicating accused who carries antecedent other than excise
cases for obvious reason.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Mali P.S. Case No. 161 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than two cases,
it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.13924 of 2026(2) dt.12-03-2026
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antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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