Patna High Court
Ranjit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Petitioner Ranjit Kumar was arrested in connection with the seizure of 213.5 litres of illicit foreign liquor, alleged under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, that the seizure was made from an open place without compliance with Section 105 of the B.N.S.S., and that he was falsely implicated. The State opposed bail, highlighting six prior criminal cases, three of which were of a similar nature. After hearing both sides, the court considered the lack of direct evidence linking the petitioner to the seized liquor and his claim of innocence. The court granted regular bail on a bond of Rs.10,000 with two sureties, subject to the condition that he not commit similar offences in the future.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged seizure of illicit liquor and prior criminal antecedents.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- criminal procedure
- excise law
- prior criminal record
- seizure procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26885 of 2026
Arising Out of PS. Case No.-75 Year-2026 Thana- Excise Thana Hajipur District- Vaishali
======================================================
Ranjit Kumar Son of Raj Kumar Rai Resident of Village- Basanta Jahanabad,
ward no. 1, P.S.- Lalganj in the District of Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-04- Heard learned counsel for the petitioner and learned
2026
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 30(a) and 36
of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that
altogether 213.500 liters of illicit foreign liquor was recovered
before a hutment covered with plastic.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has been
falsely implicated in this case. Nothing has been recovered from
his possession. The alleged recovery has been made from an open
place. He has no concern with the alleged recovery. It has further
been submitted that the witnesses of the seizure list are police
Patna High Court CR. MISC. No.26885 of 2026(2) dt.23-04-2026
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personnel. Police has not complied Section 105 of the B.N.S.S.
while making the seizure. Petitioner is languishing in judicial
custody since 04.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has submitted
that petitioner is having criminal antecedent of six cases. Out of
six, three are of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Hajipur Excise P.S. Case No. 75 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court-II-cum-Addl. District and Sessions Judge, Vaishali
at Hajipur with the condition that petitioner shall not indulge
himself in similar of offences in future.
(Ashok Kumar Pandey, J)
lata/-
U T
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