Patna High Court
Kumud Ranjan Mistri @ Chitranjan MistriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Given the petitioner’s clean antecedent, lack of incriminating material, and the custody already served, bail should be granted subject to conditions.
Summary
Kumud Ranjan Mistri was arrested in an Excise (Masaudih) case for allegedly transporting 654.750 liters of liquor in a pick‑up vehicle, with the prosecution charging him under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely the owner of the vehicle, had no knowledge of the contraband, and that no incriminating material was found on his person, emphasizing his clean criminal record and the fact that a co‑accused had already been granted bail. The State opposed bail, arguing the seriousness of the offence. The court examined the lack of direct evidence against the petitioner, his clean antecedent, the period of custody already served, and the non‑compliance of Section 103 of the B.N.S.S., 2023, concluding that these factors favored bail. Accordingly, the court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular appearance before the trial court.
Issues considered
- Whether bail can be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the absence of incriminating material in the petitioner’s possession and his clean antecedent justify bail.
- Whether compliance with Section 103 of the B.N.S.S., 2023 is a prerequisite for bail in this case.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- liquor possession
- criminal procedure
- clean antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15520 of 2026
Arising Out of PS. Case No.-900 Year-2025 Thana- EXCISE MASAUDHI District- Patna
======================================================
Kumud Ranjan Mistri @ Chitranjan Mistri Son of Sri Baliram Mistri Resident
of village- Kaithi Beli Ps- Goh, Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mithilesh Kumar, Advocate
For the Opposite Party/s : Mr.Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Excise (Masaudih) P.S.
case No. 900 of 2025 instituted for the offences under Sections
30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 654.750 liters
liquor was recovered from pick-up vehicle and the petitioner
was arrested on spot.
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. It is
Patna High Court CR. MISC. No.15520 of 2026(2) dt.11-03-2026
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further submitted that the name of the petitioner has transpired
as being owner of the vehicle in question. The petitioner had no
knowledge regarding the nature of goods kept in vehicle as the
said vehicle runs as goods carrier. The petitioner is in custody
since 22.12.2025 and has got no criminal antecedent. There is
no compliance of Section 103 of B.N.S.S., 2023. Co-accused
has been granted bail by this Bench vide order dated
31.01.2026 passed in Cr. Misc. No. 5568 of 2026.
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, clean antecedent 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 Excise (Masaudih)
P.S. case No. 900 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
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fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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