Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the petitioners have a clean antecedent and there was non‑compliance with statutory procedural requirements.
Summary
The petitioners, Ranjan Kumar and Rahul Kumar, were arrested on 20 January 2026 in connection with an excise case involving the seizure of 222 litres of illicit country-made liquor. They sought bail, claiming a clean criminal record and that the seized liquor was recovered from a vehicle, not from their conscious possession. The prosecution opposed bail, citing the seriousness of the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018. The court noted procedural lapses, specifically non‑compliance with Sections 103 and 105 of the BNSS, and accepted the petitioners' claim of no prior convictions. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, and no tampering with evidence or concealment of antecedents.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018.
- Whether the non‑compliance of Sections 103 and 105 of the BNSS warrants the grant of bail.
- Whether the fact that the seized liquor was not in the conscious possession of the accused affects the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 32(3)
- BNSS — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16056 of 2026
Arising Out of PS. Case No.-77 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
1. Ranjan Kumar S/O Ramchandra Paswan R/O Village- Chandel bigha, P.S.-
Aurangabad Mufasil, Distt.- Aurangabad (Bihar).
2. Rahul Kumar S/O Santosh Singh R/O Village- Balakarma, Doman Bigha,
Mahesh Academy Bada Branch, P.S- Aurangabad Muffasil, Distt.-
Aurangabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 11-03-2026 Heard Mr. Aman Vishal, learned counsel for the
petitioners and Mr. Dilip Kumar No. 1, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who is in custody since
20.01.2026 in connection with Aurangabad Excise P.S. Case No.
77 of 2026, F.I.R. dated 20.01.2026 for the offences punishable
under Section 30(a), 32(3) of the Bihar Prohibition and Excise
Act, 2018.
3. Recovery is of 222 liters of illicit country made
liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
Patna High Court CR. MISC. No.16056 of 2026(2) dt.11-03-2026
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implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioners
rather the recovery has been made from vehicle in question and
petitioners were apprehended near place of occurrence. He
further submits that there is non-compliance of Section 103 and
105 of BNSS and the petitioners are in custody since
20.01.2025.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
the petitioner have clean antecedent and there is non-compliance
of Section 103 and 105 of BNSS, let the petitioners, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Special Judge, Excise-II,
Aurangabad(Bihar) in connection with Aurangabad Excise P.S.
Case No. 77 of 2026, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
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reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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