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Patna High Court

Ranjeet Yadav @ Ranjeet KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners subject to bond conditions and verification of criminal antecedents.

Summary

The petitioners, Ranjeet Yadav and Masudan Kumar, were implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering five litres of liquor near the Andhera river. They argued that they were not arrested on the spot, no liquor was found in their possession, and the alleged recovery site is a public place, contending that a hostile chowkidar falsely implicated them. The petitioners sought anticipatory bail, while the State opposed the relief. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bond of Rs. 45,000 with two sureties each, and directed verification of their criminal antecedents. The order stipulated that if the petitioners’ antecedents exceed the disclosed numbers, the bail would not be confirmed for the offending party.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the alleged lack of possession and public nature of the recovery site justify anticipatory bail.

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • criminal antecedent
  • public place
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15444 of 2026
                     Arising Out of PS. Case No.-111 Year-2025 Thana- NOORSARAI District- Nalanda
                 ======================================================
           1.     Ranjeet Yadav @ Ranjeet Kumar S/o Surendra Yadav R/o Village -
                  Malbigha, P.S - Noorsarai, District - Nalanda
           2.    Masudan Kumar @ Masudan Yadav @ Madhusudan Kumar S/o Surendra
                 Yadav R/o Village - Malbigha, P.S - Noorsarai, District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Satya Prakash
                 For the Opposite Party/s :       Ms.Pushpa Sinha.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-03-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of four cases out of which three

                   cases are under the Excise Act and petitioner no. 2 has

                   antecedent of nine cases out of which seven cases are under the

                   Excise Act and allegation is of recovery of 5 litres of liquor

                   from a place near Andhera river.

                             4.    Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.15444 of 2026(2) dt.16-03-2026
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          petitioners were not arrested from the spot as such nothing was

          recovered from their conscious possession and even the alleged

          recovery is from a place which does not belong to the

          petitioners and is accessible to public at large and they came to

          be implicated at the instance of Chowkidar with whom they are

          on an inimical term. It is also submitted that if the Chowkidar

          was aware about the involvement of the petitioners in the

          occurrence, then why he did not inform the police prior to

          institution of the instant FIR, which casts an aspersion on the

          case of the prosecution. It is further submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs. 45,000/- (Rupees Forty-five

          Thousand) each with two sureties of the like amount each to the
              Patna High Court CR. MISC. No.15444 of 2026(2) dt.16-03-2026
                                                          3/3




                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Noorsarai P.S. Case

                        No. 111 of 2025, subject to the conditions as laid down under

                        Section Section 482(2) of the BNSS.

                                 7.     It is made clear that thereafter the learned Trial Court

                        shall verify the criminal antecedent of the petitioners and in the

                        event if it is found that petitioner no. 1 has antecedent of more

                        than four cases and petitioner no. 2 has antecedent of more than

                        nine cases then it would be presumed that petitioners, for the

                        purposes of seeking anticipatory bail, had concealed their

                        antecedent before this Court, as such, the provisional anticipatory

                        bail order shall not be confirmed with respect to that petitioner

                        who had concealed his criminal antecedent before this Court, but

                        after verification if it is found that petitioner no. 1 has antecedent

                        of four cases and petitioner no. 2 has antecedent of nine cases in

                        that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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