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Patna High Court

Shashi Ranjan @ Shashi Ranjan Kumar RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.

Summary

Shashi Ranjan was implicated in a case alleging the recovery of 1,350 litres of liquor from seven motorcycles, charging him under Sections 274, 275 and 317(5) of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act. He contended that he was not caught in possession, that he merely owned one of the seized vehicles, and that he had a clean criminal record, asserting that he was unaware of any misuse of the vehicle by an associate. The State opposed his request for anticipatory bail. The High Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedent within six weeks. The order stipulated that if any prior case is discovered, the bail would be withdrawn, whereas a clean antecedent would lead to confirmation of the bail. The decision hinged on the principle that ownership alone does not constitute participation in the alleged offence, provided the petitioner’s antecedent is clean.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
  • Whether ownership of a vehicle used in the alleged offence suffices to justify arrest without further evidence

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Narcotic Substances Act
  • Bihar Excise Act
  • vehicle ownership
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19295 of 2026
                    Arising Out of PS. Case No.-306 Year-2025 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Shashi Ranjan @ Shashi Ranjan Kumar Ram Son of Bechan Ram R/o -
                 Khoriya, P.S - Pupri, District - Sitamarhi

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar Alias Ashok Karn, Adv.
                 For the Opposite Party/s :      Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026                  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 offences punishable under Sections 274, 275

                   and 317(5) of the BNS, 2023 read with Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1350 liters of liquor from seven motorcycles.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of one of the

                   seized vehicles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.19295 of 2026(2) dt.26-03-2026
                                            2/3




          would use his own vehicle for committing an occurrence and

          thus would create evidence against himself and hence would get

          implicated, it is also submitted that petitioner was completely

          unaware that Vivek would misuse the vehicle in the manner as

          alleged who was also apprehended from the spot along with

          Rahul.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) 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 Jaynagar

          P.S. Case No. 306 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
            Patna High Court CR. MISC. No.19295 of 2026(2) dt.26-03-2026
                                                        3/3




                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if it is found that petitioner is a

                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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