Patna High Court
Ranjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail was granted to the petitioners subject to bail bond and conditions.
Summary
Petitioners Ranjeet Kumar and Mannu Kumar were implicated in a case involving the seizure of 15.75 litres of foreign liquor and alleged participation in illicit liquor trade. The prosecution alleged that the accused fled the scene after discarding a sac containing the liquor, based on the testimony of a police informant. The petitioners contended that they were never identified at the scene, no arrests were made, and the allegations were vague and unsupported. They sought anticipatory bail under Section 111(2) of the Bhartiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Amendment Act. The court, noting the lack of concrete identification, clean antecedents, and the speculative nature of the informant's claim, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the facts of the case
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 111(2)
Subjects
- anticipatory bail
- illicit liquor trade
- Section 111
- Section 30
- Section 482
- criminal procedure
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23843 of 2026
Arising Out of PS. Case No.-109 Year-2026 Thana- KAUWAKOL District- Nawada
======================================================
1. Ranjeet Kumar S/o Ashok Prasad Saw @ Ashok Saw R/o Vill- Mahurar,
P.S.- Kawakol, Distt- Nawada
2. Mannu Kumar S/o Manoj Saw R/o Vill- Mahurar, P.S.- Kawakol, Distt-
Nawada
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Nandan Prasad
For the Opposite Party/s : Mrs.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Kawakol P.S. Case No. 109 of 2026 for the offence
punishable under Section 111(2) of the Bhartiya Nyaya Sanhita
and Section 30(a) of the Bihar Prohibition and Excise
Amendment Act.
3. The case of the prosecution is that two
motorcycles were allegedly intercepted, the persons seated on
the said motorcycles threw away a sac and managed to flee
away from the place of occurrence. Allegedly, from the sac,
altogether 15.750 liters of foreign liquor was recovered. The
informant, a police officer, has alleged that during the course of
Patna High Court CR. MISC. No.23843 of 2026(2) dt.22-04-2026
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investigation he came to know that these petitioners along with
co-accused persons are engaged in illicit trade of liquor.
4. Learned counsel for the petitioners submits that
the petitioners were not identified to be the persons present at
the place of occurrence. No other person was arrested at the
place of occurrence/seizure, moreover, a vague allegation has
been levelled by the informant, without any firm basis, that the
petitioners were involved in the illicit trade, which is not a
sufficient ground for implicating them in the present case. The
police in order to save themselves, falsely implicated the
petitioners. The petitioners have got clean antecedents.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioners.
6. Heard the parties and perused the record.
Considering the facts and circumstances, let the petitioners
above named, in the event of their arrest/surrender within six
weeks from today in the Court below, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Excise Court-2, Nawada, in
connection with Kawakol P.S. Case No. 109 of 2026, subject to
the conditions as laid down under Section 482(2) of the Bhartiya
Patna High Court CR. MISC. No.23843 of 2026(2) dt.22-04-2026
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Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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