Created by Fuzzy Cloud

Patna High Court

Ranjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    Nagrik Suraksha Sanhita.



                                               (Praveen Kumar, J)
Pawan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.