Patna High Court
Shashi Ranjan Kumar @ Sashi Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Shashi Ranjan Kumar sought anticipatory bail after his name was linked to a 2022 case involving 20 litres of illicit country-made liquor recovered from a motorcycle registered in his name. He argued that the vehicle had been sold to Avinash Kumar and that no liquor was found in his personal possession. The State opposed the bail, citing the seriousness of the offence under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2016. The court noted the lack of immediate apprehension and the petitioner’s claim of having sold the vehicle, and therefore granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order also required the petitioner’s cooperation with the investigation and verification of any concealed criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the absence of the seized liquor from the petitioner’s personal possession justifies bail
- Whether the sale of the vehicle registered in the petitioner’s name affects the bail decision
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition & Excise (Amendment) Act, 2016 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- prohibition act
- excise
- illicit liquor
- Section 30
- Section 438
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16976 of 2026
Arising Out of PS. Case No.-985 Year-2022 Thana- ARA NAWADA District- Bhojpur
======================================================
Shashi Ranjan Kumar @ Sashi Ranjan Kumar S/o Prasiddh Kumar @
Prasiddh Verma Resident of village - Alawalpur, P.S.- Naubatpur, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh
For the Opposite Party/s : Mr.Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehend his arrest in connection
with Ara Nawada P.S. Case No. 985 of 2022, registered for the
offences punishable under Section 30(a) of the Bihar Prohibition
& Excise (Amendment) Act, 2016.
3. As per allegation, 20 liters of country-made liquor
was recovered from a vehicle, bearing registration no.
BR01CU5141.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated.
Nothing has been recovered from his conscious physical
possession. The alleged motorcycle has already been sold by the
petitioner to one Avinash Kumar.
Patna High Court CR. MISC. No.16976 of 2026(2) dt.25-03-2026
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5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the fact that the petitioner was not
apprehended on the spot and therefore no recovery has been
made from his conscious physical possession and also the fact
that his name has surfaced merely because the motorcycle
continues to be registered in his name despite the fact that as per
the petitioner, he has already sold the motorcycle earlier, I am
inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court No. 1,
Bhojpur at Ara in connection with Ara Nawada P.S. Case No.
985 of 2022, subject to the conditions laid down under section
438(2) of the Code of Criminal Procedure/Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further
condition that :-
(i) The petitioner shall co-operate in the investigation/
trial.
(ii) The learned Court below would, however, verify
Patna High Court CR. MISC. No.16976 of 2026(2) dt.25-03-2026
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the criminal antecedent of the petitioner and in case it is found
that the petitioner has concealed his criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kundan/-
U T
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