Patna High Court
Ranjeet Kumar @ Ranjeet SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond, sureties, and conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Ranjeet Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly discarding five litres of country‑made liquor recovered from an open field. He contended that the accusation was based solely on villagers' statements and that no liquor was found in his possession, arguing that the open location made it impossible to assign responsibility. The State opposed bail, highlighting two prior similar offences, though the petitioner was already on bail in those matters. The Court considered the lack of direct possession, the open‑field recovery, and the fact that the accusation was merely on suspicion, and consequently granted bail with a bond of Rs.10,000 and two sureties, imposing conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order also required a blood relative as one surety and mandated the petitioner’s cooperation with the investigation, with the provision for cancellation upon non‑cooperation.
Issues considered
- Whether bail should be granted to the petitioner despite prior similar criminal antecedents.
- Whether the mere suspicion and recovery of liquor from an open place suffices to justify denial of bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- excise
- prohibition
- Section 30(a)
- BNSS
- criminal antecedents
- open field recovery
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18059 of 2026
Arising Out of PS. Case No.-172 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
District- Saharsa
======================================================
Ranjeet Kumar @ Ranjeet Sah S/O Raghu Sah R/O Vill.- Tulsiyahi ward no.
3, P.s.- Bihra, Dist.- Saharsa. ... ... Petitioner/s
Versus
The State of Bihar . ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No.1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-04-2026 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 offences punishable under Section 30 (a) of the Bihar
Prohibition and Excise Act, 2016.
3. A bare perusal of the first information report and the
seizure list would go to show that 5 liters of country made
liquor has been recovered from a field, which was, allegedly,
thrown by the petitioner.
4. It is submitted by learned counsel for the petitioner that
the name of the petitioner has been falsely implicated in this
case on the basis of disclosure made by the local villagers. The
fact of the matter is that nothing has been recovered from the
conscious physical possession of the petitioner. It is further
submitted that the place of recovery is an open place and easily
Patna High Court CR. MISC. No.18059 of 2026(2) dt.06-04-2026
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accessible to anyone, hence no responsibility can be fixed on
the petitioner. Petitioner has two criminal antecedents of
similar nature of the offence as stated in para-3 of this
application.
5. Learned APP for the State opposed the prayer for bail on
the ground that the petitioner has two criminal antecedents of
similar nature of the offence. In response, it is submitted that
petitioner is on bail in both the cases.
6. Having regard to the facts and circumstances of the case
as well as the fact that the alleged recovery has been made from
an open place and the petitioner has been made accused merely
on suspicion, let the above named petitioner, be released on bail,
in the event of his arrest or surrender before the learned 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 the learned
Court below where the case is pending/successor Court in
connection with Special Case No.172 of 2020, arising out of
Excise Department Case No.43 of 2020, subject to the condition
as laid down under Section 482 (2) Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, subject to further condition that:
(i) One of the bailors would the blood relative of the petitioner.
Patna High Court CR. MISC. No.18059 of 2026(2) dt.06-04-2026
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(ii) The petitioner would cooperate in the investigation/trial and
in failure to do so, the learned Court concerned would be at
liberty to cancel the bail bonds of the petitioner.
(Soni Shrivastava, J)
Trivedi/-
U
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