Patna High Court

Ranjit KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, subject to cash bond, sureties, and attendance conditions.

Summary

The petitioner, Ranjit Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 26.1 litres of foreign liquor recovered from a cloth shop. He claimed innocence, stating he was not the owner of the shop and that no incriminating material was found in his possession, though he had two prior criminal antecedents and had been in custody since 14‑11‑2025. The State opposed bail, arguing the seriousness of the offence and lack of compliance with Section 103 of the BNSS, 2023. The Court, after considering the facts and the period of custody, decided to grant bail subject to a cash bond of Rs.15,000 with two sureties, one of whom must be a close family member, and strict attendance requirements. The bail order includes conditions for cancellation upon default of appearance on two consecutive dates.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents and custody duration.
Whether non‑compliance with Section 103 of the BNSS, 2023, bars the grant of bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
foreign liquor
criminal antecedents
surety
Section 30(a)
Section 103 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1793 of 2026
                    Arising Out of PS. Case No.-572 Year-2024 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 Ranjit Kumar S/O Ram Jee Sao R/O Naya Tola, Madhopur, P.S-
                 Bakhtiyarpur, Distt.- Patna.
                                                             ... ... Petitioner/s
                                              Versus
           1.     The State of Bihar
           2.    The State of Bihar patna
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rakesh Bihari Singh, Adv.
                 For the Opposite Party/s :      Mr. Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   19-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Bakhtiyarpur

                   PS Case No. 572 of 2024 instituted for the offences under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 26.1 liters liquor of

                   foreign liquor was recovered from the cloth shop.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner submits that the petitioner is not the owner of the

                   cloth shop in question and his name has transpired in this case on
           Patna High Court CR. MISC. No.1793 of 2026(2) dt.19-01-2026
                                                       2/2




                     the disclousre made by the local person. The petitioner is in

                     custody since 14.11.2025 and has got two criminal antecedents.

                     There is no compliance of Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. for the State has vehemently opposed the

                     prayer for grant of bail to the petitioner.

                             6. Considering the aforesaid facts and circumstances of the

                     case and the period of custody undergone by the petitioner, this

                     Court is inclined to grant bail to the petitioner.

                             7. Let the petitioner be released on bail on furnishing bail

                     bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Bakhtiyarpur PS Case No. 572 of 2024,

                     subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date fixed

                     at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.

                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-
U      T

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