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Patna High Court

Ranjeet RayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied.

Summary

The petitioner, Ranjeet Ray, sought anticipatory bail fearing arrest in a case (Raghopur PS Case No. 69 of 2020) under sections 30(a)(d) and 41 of the Bihar Prohibition and Excise Amendment Act, 2018, alleging manufacturing and sale of country‑made liquor. The FIR, lodged on 18‑02‑2022, was based on an informant’s claim that 60 litres of illicit liquor were recovered near the Ganga. The petitioner argued that he was implicated only because of prior criminal antecedents and that no liquor was found in his possession. The State opposed, noting the case dates back to 2022, the petitioner’s earlier bail application was rejected in 2024, and he delayed approaching the High Court for two years. The Court held that no relief could be granted and rejected the anticipatory bail application, directing that if the petitioner surrenders within four weeks, the matter will be taken up by the concerned court for disposal.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the Bihar Prohibition and Excise Amendment Act, 2018 in the present circumstances

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Amendment Act
  • illicit liquor
  • criminal antecedent
  • FIR
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25745 of 2026
                      Arising Out of PS. Case No.-69 Year-2020 Thana- RAGHOPUR District- Vaishali
                 ======================================================
                 Ranjeet Ray son of Panchi Ray Resident of Village -Sukumarpur Police
                 Station- Raghopur District -Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   22-04-2026                        Heard the parties.

                                   2. The petitioner is apprehending his arrest in

                   connection with Raghopur P.S. Case No. 69 of 2020 for the

                   offence under sections 30(a) (d), 41 of the Bihar Prohibition and

                   Excise Amendment Act, 2018, lodged on 18.02.2022 by the

                   informant, Shubhnarayan Prasad Yadav.

                                   3. As per the prosecution story, the informant

                   alleged that on secret information of the petitioner indulged in

                   manufacturing and sell of country-made liquor raided the place

                   near river Ganga and recovered 60 litres of country-made liquor.

                   This led to the FIR.

                                   4. Learned counsel for the petitioner submits that

                   only because of criminal antecedent, he has been implicated in

                   this case. He further submits that nothing has been recovered
            Patna High Court CR. MISC. No.25745 of 2026(2) dt.22-04-2026
                                                        2/2




                      from his conscious possession

                                      5. Learned APP opposes the prayer submitting that

                      the matter is of the year 2022, admittedly, he moved before the

                      learned Session Judge in the year 2024, it was rejected but again

                      waited for two years before coming to this Court.

                                      6. Considering the aforesaid fact as also no relief

                      can be extended, the instant anticipatory bail application has

                      been rejected

                                      7. If, however, the petitioner surrenders within four

                      weeks, the concerned Court shall take up the matter and dispose

                      it of preferably on the same day.




                                                                           (Rajiv Roy, J)

sanjeev/-

U       T


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