Patna High Court
Ranjeet NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
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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