Patna High Court

Ranjit Rai @ Ranjit KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

The petitioner, Ranjit Rai, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 1,000 litres of country-made liquor from the bank of a river. He contended that he had no possession of the liquor, that the recovery took place in an open public area, and that no incriminating material linked him to the offence, despite having three prior criminal antecedents and being in custody since 1 December 2025. The State opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court, after considering the facts and the period of custody, decided to grant bail, imposing a bond of Rs 15,000 with two sureties and conditions regarding family surety and regular appearance. The bail order was issued subject to cancellation if the petitioner defaults on two consecutive appearances.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
criminal antecedent
open place recovery
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2175 of 2026
                      Arising Out of PS. Case No.-610 Year-2025 Thana- MALSALAMI District- Patna
                 ======================================================
                 Ranjit Rai @ Ranjit Kumar S/O Dipnarayan Ray @ Dipalal Ray @ Batha Rai
                 R/O Village- Rikabganj, P.S- Malsalami, Distt.- Patna.
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Rai, Advocate
                 For the Opposite Party/s :       Mr.Nitya Nand Tiwary, A.P.P.
                 ======================================================
                 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

                   Malsalami P.S. Case No. 610 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                                3. The prosecution case, in short, is that total 1000/-

                   liters of country made liquor was recovered at the bank of the

                   river.

                                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. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner further submitted that the recovery has been
           Patna High Court CR. MISC. No.2175 of 2026(2) dt.19-01-2026
                                                       2/2




                     made from bank of the river i.e. open place, which is accessible to

                     public at large. The petitioner is in custody since 01.12.2025 and

                     has got three criminal antecedent. There is no compliance of

                     Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP 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/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Malsalami P.S. Case

                     No. 610 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)
manish/-

U      T

Continue reading with your account

Checking your session…