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Patna High Court

Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Ranjan Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 14.920 liters of liquor recovered from a motorcycle. He contended that he was not the owner of the motorcycle, that no incriminating material was found in his possession, and that the police had implicated him with ulterior motive. The petitioner had been in custody since 26-11-2025 and possessed one prior criminal antecedent, and the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed bail, but the Court, after considering the facts, the period of custody, and the lack of material linking the petitioner to the liquor, decided to grant bail. The order directed the petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the custody period and prior antecedent.
  • Whether the non‑compliance with Section 103 of the BNSS, 2023 warrants bail.

Legislation cited

Subjects

  • bail
  • excise
  • liquor possession
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Section 103
  • BNSS 2023
  • custody
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1527 of 2026
                       Arising Out of PS. Case No.-489 Year-2025 Thana- Excise P.S. District- Buxar
                 ======================================================
                 Ranjan Kumar S/O Gorakh Nath R/O Village - Chotki Sarimpur, P.S- Buxar
                 (Town),Dist- Buxar

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajit Kumar, Adv.
                 For the Opposite Party/s :        Mr. Awadhesh Kumar Singh, APP
                 ======================================================
                 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 Buxar

                   Excise PS Case No. 489 of 2025 instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 14.920 liters

                   liquor was recovered from the motorcycle.

                           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

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner submits that the petitioner is not the owner of
           Patna High Court CR. MISC. No.1527 of 2026(2) dt.19-01-2026
                                                       2/2




                     the said motorcycle and has been implicated in this case by the

                     police with ulterior motive. The petitioner is in custody since

                     26.11.2025 and has got one criminal antecedent. There is no

                     compliance of Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. 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 on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Buxar Excise PS

                     Case No. 489 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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