Patna High Court

Ranjit RaiversusThe State of Bihar

Decided: 1 May 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioners, subject to specified bond and surety conditions.

Summary

The petitioners, Ranjit Rai, Uday Rai and Awdesh Ray, sought anticipatory bail after an FIR alleged that 420 litres of illicit country-made liquor were recovered from sacks on a riverbank, implicating them under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioners argued that no independent witness linked them to the liquor, that the seizure was from an open, publicly accessible area, and that nothing was found in their personal possession, emphasizing their clean criminal record. The State opposed the bail on the basis of the FIR allegations. The Court, after considering the facts, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties each, to be filed within four weeks, and conditioned the order on Sections 438(2) of the Cr.P.C. and 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order aims to protect the petitioners from arrest while the investigation proceeds.

Issues considered

What is the appropriateness of granting anticipatory bail under Section 438 Cr.P.C. to the petitioners accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018?
Does the lack of independent witness testimony and absence of seizure from the petitioners' possession justify anticipatory bail?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 30
prohibition law
excise
liquor seizure
Cr.P.C. 438
BNSS 482
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27373 of 2026
                        Arising Out of PS. Case No.-107 Year-2026 Thana- NADI P.S. District- Patna
                 ======================================================
           1.     Ranjit Rai Son of Haribanshu Ray @ Harwanshu Rai Resident of Village
                  -Fatehjangpur PS- Nadi Distt -patna
           2.    Uday Rai @ Uday Kumar @ Uday yadav Son of Late Ashrafi Rai Resident
                 of Village -Fatehjangpur PS- Nadi Distt -patna
           3.     Awdesh Ray Son of Beni Rai Resident of Village -Fatehjangpur PS- Nadi
                  Distt -patna
                                                                           ... ... Petitioners
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jay Ram Prasad, Advocate
                 For the Opposite Party/s :        Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   01-05-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Amendment Act, 2018.

                                3. The allegation in the First Information Report is

                   that 420 litres of country made liquor was recovered from sacks

                   which were kept at the bank of the river.

                                4. Learned counsel for the petitioner submits that the

                   name of the petitioner has transpired on the disclosure made by

                   the local people stating that the petitioner had fled away after

                   throwing the sack. However, there is no independent witness to
            Patna High Court CR. MISC. No.27373 of 2026(2) dt.01-05-2026
                                                        2/2




                      search and seizure and nothing has been recovered from

                      personal or conscious possession of the petitioner. It is further

                      submitted that the liquor has been recovered from an open

                      place, which is easily accessible to others. The petitioner has no

                      criminal antecedent.

                                   5. Learned APP for the State opposed the prayer for

                      anticipatory bail on the basis of allegations made in the First

                      Information Report.

                                   6.    Taking      into     consideration   the   facts   and

                      circumstances of the case, let the above named petitioners, be

                      released on bail, in the event of their arrest or surrender before

                      the learned Court below within a period of four weeks from

                      today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

                      Thousand) each with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with Nadi P.S. Case No.

                      107 of 2026, subject to the condition as laid down under Section

                      438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik

                      Suraksha Sanhita (BNSS), 2023.



                                                (Soni Shrivastava, J)
anand/-
U       T

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