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Patna High Court

Ranjeet NutversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Ranjeet Nut, was implicated in a case (PS Case No. 202 of 2023) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 15 litres of illicit liquor were recovered from an open area behind his house. The prosecution’s case rested solely on the recovery of the liquor, with no incriminating material found in the petitioner’s conscious possession. The petitioner argued that he had a clean antecedent and that the recovery was from a public place, making the accusation merely suspicion‑based. He applied for anticipatory bail, which the State opposed. The Court, considering the nature of the accusation, the petitioner’s clean record, and the circumstances of the recovery, granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties of equal amount, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed that if arrested within eight weeks, the petitioner be released on bail under the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted in a case of alleged illicit liquor possession under Section 30(a) of the Bihar Prohibition and Excise Act when no material is found on the accused.
  • Whether the petitioner’s clean antecedent and the open‑place recovery justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • illicit liquor
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19654 of 2026
                       Arising Out of PS. Case No.-202 Year-2023 Thana- BANIAPUR District- Saran
                 ======================================================
                 Ranjeet Nut Son of Jatta Nut Resident of Village- Sihoriya, P.S.- Baniyapur,
                 District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-04-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Baniyapur P. S. Case

                   No. 202 of 2023 registered for the offence punishable under

                   Section 30(a) of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 15 liters illicit liquor was

                   recovered from behind the house of this petitioner.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. He has been made accused in this

                   case only on suspicion. Recovery has been made from an open

                   place, accessible to all. Petitioner claims clean antecedent.

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

                   bail.

                                6. Considering the nature of accusation, clean
              Patna High Court CR. MISC. No.19654 of 2026(2) dt.07-04-2026
                                                          2/2




                        antecedent and place of recovery, this anticipatory bail is

                        allowed and it is ordered that let the above named petitioner in

                        the event of his arrest/surrender before the court below within a

                        period of eight weeks from today, be enlarged on bail on

                        furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                        sureties of the like amount each to the satisfaction of learned

                        Additional Sessions Judge-cum-Exclusive Special Court Excise

                        Act 1, Saran at Chapra in connection with Baniyapur P. S. Case

                        No. 202 of 2023, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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