Created by Fuzzy Cloud

Patna High Court

Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner as the seizure was not from his constructive possession and the case was based only on suspicion.

Summary

Ranjan Kumar applied for anticipatory bail after being implicated in a case where police seized 140 litres of illicit mahua liquor during a raid. The seizure was made from an open field under a palm tree and not from the petitioner’s premises or constructive possession. The local chowkidar identified the petitioner as the person who fled the scene, but no direct link to the seized liquor was established. The petitioner argued that the case was based solely on suspicion and that he had no connection to the contraband. The court, noting the lack of possession and reliance on mere suspicion, granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the B.N.S.S., 2023.

Issues considered

  • Whether anticipatory bail can be granted when the seized illicit liquor is not found in the petitioner’s possession or premises and the accusation is based solely on suspicion.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • constructive possession
  • suspicion
  • Section 30(a)
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17637 of 2026
                       Arising Out of PS. Case No.-29 Year-2026 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Ranjan Kumar S/o Ramashish Prasad R/o Village - Andharwari, P.S - Rajauli,
                 District - Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   25-03-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Rajauli P.S. Case No.29 of 2026, F.I.R dated

                   17.01.2026 registered for the offences punishable under Section

                   30(a) of the Bihar Prohibition and Excise Amendment Act,

                   2018.

                                3. As per the prosecution case, in brief, is that the

                   informant, along with police personnel, proceeded from the

                   police station to conduct a raid. During the course of the raid,

                   the informant received secret information that the petitioner,

                   namely Ranjan Kumar, had stored illicit liquor near a temple in

                   village Kangobigha. Upon reaching the spot, the police noticed

                   one person who, on seeing them, fled away and managed to
Patna High Court CR. MISC. No.17637 of 2026(2) dt.25-03-2026
                                            2/3




          escape. Thereafter, a search was conducted and 140 litres of

          illicit mahua liquor was recovered. The local Chaukidar

          identified the person who had fled as the petitioner, Ranjan

          Kumar. Subsequently, the seized articles were taken into

          custody and a seizure list was prepared.

                       4. Learned counsel for the petitioner submits that the

          recovery has been made from an open place under the palm tree,

          standing in an open field and is accessible to general public, and

          the petitioner is in no way connected with the seized articles and

          merely on the basis of suspicion and disclosure by the local

          chowkidaar, the petitioner has been implicated in the present

          case. It has further been submitted that the petitioner has one

          criminal antecedent in which the petitioner is on bail.

                       5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Regard being had to the submission made by the

          parties, taking into consideration the fact that illicit liquor has

          not been recovered from the constructive possession and / or

          premises belonging to the petitioner and the petitioner is in no

          way connected with the seized articles and merely on the basis

          of suspicion and disclosure by the local chowkidaar, the

          petitioner has been implicated in the present case, accordingly,
           Patna High Court CR. MISC. No.17637 of 2026(2) dt.25-03-2026
                                                       3/3




                     this Court is inclined to grant anticipatory bail to the petitioner.

                                  7. Let the petitioner, above named, be released on

                     anticipatory bail in the event of arrest or surrender before the

                     court below within a period of four weeks from today 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 Court Excise-2, Nawada, in

                     connection with Rajauli P.S. Case No.29 of 2026, subject to the

                     condition as laid down under Section 482(2) of the B.N.S.S.,

                     2023.



                                                   (Ajit Kumar, J)
sharun/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.