Patna High Court
Abhishek Ranjan @ Kumar Abhishek Ranjan @ Kr. Abhishek RanjanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of antecedent and compliance with Section 482(2) of the BNSS.
Summary
The petitioner, Abhishek Ranjan, sought anticipatory bail after being implicated in a case under Section 109(1) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act for alleged recovery of 991.50 litres of liquor from several vehicles. He argued that he had a clean antecedent and that the liquor was not found in his conscious possession, merely that his vehicles were used by a friend who fled the scene. The State opposed the bail, contending that the allegations warranted arrest. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and subject to verification of the petitioner’s criminal antecedent. It directed that if any antecedent is discovered, the bail would be revoked, but if the petitioner is found clean, the provisional order would be confirmed. The order was made under the powers conferred by Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in offences punishable under Section 109(1) BNS and Section 30(a) Bihar Excise Act.
- Whether mere ownership of vehicles used in the alleged offence suffices for arrest.
- Whether the petitioner’s clean antecedent justifies the grant of anticipatory bail.
- What conditions under Section 482(2) BNSS must be imposed on provisional anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 109(1)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Section 109
- Excise Act
- clean antecedent
- vehicle ownership
- Section 482(2)
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25796 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- BARHARA District- Bhojpur
======================================================
Abhishek Ranjan @ Kumar Abhishek Ranjan @ Kr. Abhishek Ranjan S/o
Kumar Rakesh Ranjan Resident of Village - Bhane Bigha Makdumpur, P.S. -
Makdumpur, District - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 109(1) of
BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 991.50 litres of liquor from six four-wheelers
vehicles and two motorcycles.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of one of the
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seized motorcycles. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated, it is further submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged, who also fled from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Barhara P.S. Case No. 135 of 2025, subject to
the conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
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confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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