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Patna High Court

Rampani KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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