Patna High Court
Ranjan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted, subject to a bond and specified conditions.
Summary
The petitioner, Ranjan Kumar Yadav, was arrested on 28 January 2026 in connection with an FIR dated 27 January 2026 alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for the alleged possession of 62.625 litres of foreign liquor seized from a motorcycle, not from his conscious possession. He pleaded that he has a clean antecedent, was falsely implicated, and that the investigating authorities failed to comply with Section 100 of the Criminal Procedure Code/Section 103 of the Bihar Negotiable Instruments Act. The State opposed the bail application. The Patna High Court, after considering the facts, the petitioner’s clean record and the procedural lapse, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was made by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given the circumstances of seizure and alleged non‑possession.
- Whether the alleged non‑compliance of Section 100 of the Criminal Procedure Code/Section 103 of the Bihar Negotiable Instruments Act warrants the grant of bail.
- Whether the petitioner’s clean criminal antecedent influences the decision on bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 103
- Code of Criminal Procedure, 1973 — s. 100
Subjects
- bail
- excise law
- foreign liquor
- Section 30(a)
- Criminal Procedure Code
- procedural lapse
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18432 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Ranjan Kumar Yadav S/o- Late Rajdev Yadav R/v- Chiknoutwa W.No-4, Ps-
Ladaniya Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Subhash Kumar Jha, learned counsel for
the petitioner and Mr. Mithlesh Kumar Khare, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.01.2026 in connection with Madhubani Sadar Excise P.S.
Case No. 46 of 2026, F.I.R. dated 27.01.2026 for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act, 2018.
3. Recovery is of 62.625 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.18432 of 2026(2) dt.24-03-2026
2/3
the recovery has been made from motorcycle in question. He
further submits that there is non-compliance of Section 100 of
Cr.P.C/103 of BNSS and the petitioner is in custody since
28.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner has clean antecedent and there is
non-compliance of Section 100 of Cr.P.C/103 of BNSS, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Judge Excise, Madhubani in connection with
Madhubani Sadar Excise P.S. Case No. 46 of 2026, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.18432 of 2026(2) dt.24-03-2026
3/3
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…