Patna High Court
Ravi Ranjan Kumar @ Fantus Kumar @ Ravi Ranjan @ FantusversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail subject to verification of antecedents and compliance with the conditions under Section 482(2) CrPC.
Summary
The petitioner, Ravi Ranjan Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016. He contended that he was not caught in possession of liquor, was not the owner of the seized vehicles, and was implicated solely on secret information, while also highlighting his two prior criminal cases, one involving the recovery of 350 litres of liquor. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedents. It further stipulated that if more than two prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only two antecedents are verified.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, 2016 given the nature of the alleged offences and his criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 47
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- secret information
- criminal antecedent
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14809 of 2026
Arising Out of PS. Case No.-146 Year-2025 Thana- EXCISE PAKRIBARAWAN District-
Nawada
======================================================
Ravi Ranjan Kumar @ Fantus Kumar @ Ravi Ranjan @ Fantus S/O Jaihindar
Yadav R/O Vill.- Tariadih, P.S- Kaawakol,Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Prasad Singh
For the Opposite Party/s : Mr. Nitya Nand Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 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 offence punishable under Sections 30(a) and
47 of Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases, out of which, one case is
under the Excise Act and allegation is of recovery of 350 litres
of liquor from four motorcycles. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
any of the seized vehicle and he came to be implicated based on
the secret information which is the easiest way to implicate
Patna High Court CR. MISC. No.14809 of 2026(2) dt.13-03-2026
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someone. It is also submitted that once an accused is implicated
in a case relating to excise, the police starts implicating
mechanically either through chowkidar, local person,
confessional statement or secret information without holding a
proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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 Pakribarawan P.S. Case No.146/2025, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
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provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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