Patna High Court
Rampani KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions specified.
Summary
Petitioners Rampani Kumar and Dinesh Rai sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 100 litres of illicit liquor was recovered. The prosecution’s case relied solely on a co‑accused’s confessional statement, with no incriminating material found on the petitioners. The petitioners argued they had no direct involvement and possessed a clean antecedent. The State opposed the bail application. Considering the nature of the accusation, the circumstances of recovery, and the petitioners’ clean record, the court granted anticipatory bail, directing that if arrested within eight weeks they be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
- Whether the reliance on a co‑accused’s confession without any material found on the petitioners justifies denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- illicit liquor
- clean antecedent
- bail bond
- Section 30(a)
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26603 of 2026
Arising Out of PS. Case No.-941 Year-2025 Thana- MANER District- Patna
======================================================
1. Rampani Kumar S/O Raju Rai R/O- Brahmachari Sherpur West, P.s- Maner,
Dist.-Patna
2. Dinesh Rai S/O Jitan Rai R/O- Hira Tola, Sherpur, P.s- Maner, Dist.-Patna
... ... petitioners/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the petitioners/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 100 litres illicit liquor was
recovered from an open place.
4. Learned counsel for the petitioners submits that no
incriminating material has been recovered from conscious
possession of the petitioners. Petitioners have got no concern
with the alleged recovery and they have been made accused in
this case merely on the basis of confessional statement of co-
accused who was apprehended on the spot. Petitioners claim
Patna High Court CR. MISC. No.26603 of 2026(3) dt.24-06-2026
2/2
clean antecedent.
5. Learned A.P.P. for the State opposed the bail
application.
6. Considering nature of accusation, place of recovery
and clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged 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 learned Special Judge Excise,
Danapur, Patna in connection with Maner P. S. Case No. 941 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/Sanjay
U T
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