Patna High Court
Ranjan Kumar @ Ranjan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that anticipatory bail should be granted to the petitioner.
Summary
Ranjan Kumar, the owner of a motorcycle (Reg. No. BR 02 AM 1622), was implicated in a case where the bike was seized with 40 litres of illicit country‑made mahua liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He claimed the motorcycle was parked due to a mechanical fault, later stolen, and that he had no connection with the liquor. He filed an anticipatory bail application, arguing lack of involvement and that a separate antecedent case was unrelated. The State opposed the bail. Considering the petitioner’s claim of non‑participation and the unrelated nature of his other case, the Court inclined to grant anticipatory bail, subject to a bond of Rs.10,000 and two sureties, under Section 482(2) of the B.N.S.S., 2023. The order directed his release on anticipatory bail if arrested within four weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioner who asserts no involvement in the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the existence of an unrelated antecedent case bars the grant of anticipatory bail.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- Section 482(2)
- motor vehicle seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17652 of 2026
Arising Out of PS. Case No.-226 Year-2025 Thana- KHIJARSARAI District- Gaya
======================================================
Ranjan Kumar @ Ranjan Chaudhary Son of Rajendra Choudhary R/o Village
- Fatehpur, P.S.- Makhdumpur, District -Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uma Kant Mishra,Adv.
For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, Adv.
======================================================
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 Khizarsarai P.S. Case No. 226 of 2025,
F.I.R dated 20.06.2025 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Amendment Act, 2022.
3. As per the prosecution case on 20.06.2025, during
patrolling duty, ASI Surajdeo Pal of Khizarsarai Police Station
received information that illicit country-made mahua liquor was
being transported on a blue motorcycle from Keni Bridge.
Acting on this tip, the police intercepted a motorcycle coming
from that direction, but the rider fled upon seeing the police,
abandoning the vehicle bearing Reg. No. BR 02 AM 1622.
Patna High Court CR. MISC. No.17652 of 2026(2) dt.25-03-2026
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Upon search, 40 litres of illicit mahua liquor were recovered
from the motorcycle, and a seizure list was prepared in the
presence of witnesses.
4. Learned counsel for the petitioner submits that
petitioner is the owner of the seized motorcycle bearing reg.
no. BR 02 AM 1622 and while returning to his house due to
some mechanical fault in the motorcycle it got stopped and
after making rigorous search for mechanic, he could not
find him and, therefore, he parked the motorcycle in an
open place on the roadside and in the morning he found
motorcycle missing from the place and came to know that
the same has been seized with 40 liters of illicit liquor. It is
a case where non-compliance of mandatory provisions as
available under Section of 103 of the BNSS is evident and
the petitioner is noway connected with the seized illicit
liquor. Petitioner is found involved in one more case, which
is not akin with the present case.
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 as petitioner is
Patna High Court CR. MISC. No.17652 of 2026(2) dt.25-03-2026
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in noway connected with the seized illicit liquor and
petitioner has one more antecedent not akin with the present
case, accordingly, 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 Excise Court No.
2, Gaya Ji in connection with Khizarsarai P.S. Case No. 226
of 2025 subject to the condition as laid down under Section
482(2) of the B.N.S.S., 2023.
(Ajit Kumar, J.)
S.Tripathi/-
U T
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