Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- B.N.S.S. — s. 482(2)
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
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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
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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
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