Patna High Court
Ranjeet Yadav @ Ranjeet Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Ranjeet Yadav, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, with 38 litres of liquor recovered from a public road. The defence argued that the recovery was not made from the petitioner’s conscious possession and that identification was doubtful, contending that the case was filed due to his prior criminal antecedents. The prosecution opposed bail. The court, noting the lack of direct possession and the questionable seizure list, directed that the petitioner be released on bail upon surrender within four weeks, subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the BNSS. The bail order also required the petitioner’s physical presence at trial unless medically exempted. The decision reflects the court’s application of bail principles where evidence of possession is insufficient.
Issues considered
- Whether the petitioner’s identification as the possessor of the seized illicit liquor is sufficiently established for denial of bail.
- Whether the seizure list prepared solely by police without independent verification warrants denial of bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- bail
- illegal liquor
- Bihar Prohibition and Excise Act
- identification of accused
- seizure of contraband
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19075 of 2026
Arising Out of PS. Case No.-373 Year-2025 Thana- UCHKAGAON District- Gopalganj
======================================================
Ranjeet Yadav @ Ranjeet Kumar Yadav S/o Ramesh Yadav @ Ramesh
Chaudhary Resident of Village - Dahibhata, P.S - Uchkagaon, District -
Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vyas Kumar Mishra
For the Opposite Party/s : Mr.Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 31-03-2026 Heard the parties
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Uchkagaon P.S.
Case No. 373 of 2025 registered for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act,
2022.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor,
where, there is recovery of 38 litres of IMFL/country made
liquor.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that admittedly the recovery of illicit
liquor was made from public place i.e., side of the road,
Patna High Court CR. MISC. No.19075 of 2026(2) dt.31-03-2026
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where identification of the petitioner who alleged to be found
running away from the place of recovery also appears
doubtful. It is submitted that petitioner implicated with
present case only due to criminal antecedent as he found
involved in three more criminal cases where he is on bail. It
is also pointed out that seizure list appears disputed being
not supported by independent person rather by police
personal.
5 Learned APP, opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as recovery of alleged illicit liquor not
appears to be made from the conscious physical possession
of the petitioner, accordingly petitioner above-named, in the
event of his arrest or surrender before the court below within
a period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction
of the learned District and Addl. Sessions Judge XIII cum
Spl. Excise Court No. 1, Gopalganj /concerned Court, where
the case is pending in connection with Uchkagaon P.S. Case
Patna High Court CR. MISC. No.19075 of 2026(2) dt.31-03-2026
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No. 373 of 2025, subject to the conditions as laid down
under Section 482(2) of BNSS, subject to further
conditions:-
(i) That petitioner shall cooperate in the
trial and shall be physically present on
each and every date before the Trial Court
till conclusion of the trial and exemption
from physical appearance be allowed by
the Trial Court, only on medical ground of
the petitioner, duly supported by the
documents.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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