Patna High Court
Ranjeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to bail bond, sureties, and verification of antecedents.
Summary
The petitioner, Ranjeet Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 52.5 litres of liquor from his cow‑shed. He argued that no liquor was seized from his immediate possession, the cow‑shed is a public area, and the complaint was filed by a hostile watchman, casting doubt on the prosecution's case. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail, directing the petitioner to furnish a bail bond of Rs.5,000 with two sureties and to appear before the trial court within six weeks. The order was made subject to verification of the petitioner’s criminal antecedents, with confirmation of bail contingent on finding only one prior case, otherwise the bail would not be confirmed.
Issues considered
- Whether anticipatory bail is appropriate in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the lack of seized liquor in the petitioner’s possession and the alleged hostility of the complainant affect the grant of bail.
- Whether the petitioner’s prior criminal antecedents influence the confirmation of provisional anticipatory bail under Section 482(2) of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- liquor seizure
- criminal antecedents
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17732 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- KASHICHAK District- Nawada
======================================================
Ranjeet Kumar Son of Binod Singh R/o - Belar, P.S - Kashichak, District -
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha
For the Opposite Party/s : Ms. Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 52.5 litres of liquor from cow-shed
of the petitioner. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and cow-shed is a place outside the house
and thus is accessible to villagers at large. It is next submitted
that no prudent person would use his own premises for
committing an occurrence and thus would create evidence
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against himself and hence would get implicated and he came to
be implicated at the instance of chowkidar with whom he is on
an inimical term. It is also submitted that if chowkidar was
aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to institution of the
instant FIR which casts an aspersion on the case of the
prosecution.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.5000/- (Rupees five thousand) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Kashichak P.S. Case No.7/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
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concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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