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Patna High Court

Ravi Ranjan Kumar @ Fantus Kumar @ Ravi Ranjan @ FantusversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
             Patna High Court CR. MISC. No.14809 of 2026(2) dt.13-03-2026
                                                         3/3




                       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/-

U        T


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