Patna High Court

Ranjeet 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 specified conditions.

Summary

The petitioner, Ranjeet Kumar, was arrested in connection with a case alleging that 69.120 liters of foreign liquor were recovered from his vehicle, violating Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act. He contended that he was merely the owner of the vehicle, had no knowledge of the liquor, and that no incriminating material was found in his personal possession. Despite having three prior criminal antecedents and being in custody since 9 November 2025, the prosecution failed to demonstrate compliance with Section 103 of the BNSS, 2023. The court, after considering the lack of direct evidence against him and the period of custody already served, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and the petitioner’s attendance at all trial dates, with cancellation possible after two consecutive defaults.

Issues considered

Whether bail should be granted to the accused in a case under the Bihar Prohibition and Excise Act where the alleged contraband was found in a vehicle owned by the accused but not in his personal possession.
Whether the failure to comply with Section 103 of the BNSS, 2023, affects the grant of bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition law
excise
foreign liquor
criminal procedure
bail conditions
antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1958 of 2026
                  Arising Out of PS. Case No.-69 Year-2025 Thana- EXCISE MAHAMMADPUR District-
                                                        Gopalganj
                 ======================================================
                 Ranjeet Kumar Son of Ragho Sah Resident of Village -Sitalpur ward No 10
                 PS- Mohammadpur, Dist- Gopalganj
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Saurabh Kumar, Adv.
                 For the Opposite Party/s :    Mr. Ram Sumiran Rai, 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

                   Mohammadpur PS Case No. 69 of 2025 instituted for the

                   offences under Sections 30(a) & 32(c) of the Bihar Prohibition

                   and Excise Act.

                           3. The prosecution case, in short, is that 69.120 liters of

                   foreign liquor was recovered from the car.

                           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. Learned counsel for

                   the petitioner submits that the petitioner is the owner of the

                   vehicle in question and he has no knowledge regarding the
           Patna High Court CR. MISC. No.1958 of 2026(2) dt.19-01-2026
                                                       2/2




                     nature of goods kept in the vehicle. The petitioner is in custody

                     since 09.11.2025 and has got three 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 Mohammadpur PS Case No. 69 of

                     2025, 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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