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Patna High Court

Ranjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and conditions, under Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioner, Ranjeet Kumar, applied for anticipatory bail in a case where police recovered 1,000 litres of illicit liquor from a vehicle and alleged his involvement under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he was neither the driver nor the owner of the vehicle and was not present at the scene, arguing that the case rests solely on suspicion. The State opposed the bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedents. The Court examined the material, noted similar anticipatory bail orders granted to co‑accused in related matters, and considered the provisions of Section 482(2) of the Bihar Narcotic and Smuggling (B.N.S.S.) Act, 2023. It granted anticipatory bail, subject to a Rs.10,000 bond, two sureties, and conditions that allow cancellation if the petitioner conceals antecedents or misstates prior bail petitions.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 when the alleged involvement is based on suspicion.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • prohibition act
  • excise law
  • bail conditions
  • criminal antecedents

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.27745 of 2026
                       Arising Out of PS. Case No.-2 Year-2025 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Ranjeet Kumar S/o- Ashok Prasad @ Ashok Yadav R/v- Mocharak Ps- Gurpa
                 Dist- Gaya                                              ... ... Petitioner
                                                 Versus
                 The State of Bihar                               ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Kamal Kumar Sinha, Advocate
                 For the Opposite Party :        Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   13-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Wajirganj P.S. Case No. 02 of 2025, dated

                   04.01.2025, registered for the offences punishable under

                   Sections     30(a)       of   the   Bihar      Prohibition      and     Excise

                   (Amendment) Act, 2022.

                               3. As per the police case, on a secret information that

                   liquor is being transported by a vehicle, and while checking of

                   vehicles, the police found one Scorpio vehicle coming towards

                   them at fast speed and despite indication for stopping, the

                   Scorpio vehicle did not stop and started speeding away and

                   upon chase, the tyre of the vehicle got burst, whereafter the

                   driver of the vehicle and another man came out of the vehicle

                   and started fleeing away and despite efforts of the police, they
Patna High Court CR. MISC. No.27745 of 2026(3) dt.13-05-2026
                                            2/3




          could not be apprehended. On search of the said vehicle, 1000

          litre of illicit liquor has been recovered.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in this

          case. He further submits that the petitioner is neither driver of

          the said vehicle, nor the person, who was allegedly sitting in the

          vehicle, nor is owner of the vehicle. The whole case against the

          petitioner is based only on suspicion and the petitioner is in no

          way involved in the alleged offence, nor was he present at the

          place of recovery. As such, there is no cogent material against

          the petitioner and hence, no case is made out against the

          petitioner under the Excise Act and the present anticipatory bail

          petition is maintainable. He has also submitted that the

          petitioner has four criminal antecedents of similar nature,

          however, he is on bail in those cases and similarly situated co-

          accused persons, namely, Upendra Kumar and Shankar Kumar

          have been granted the privilege of anticipatory bail by

          Coordinate Benches of this Court by orders dated 25.06.2025

          and 18.08.2025 passed in Cr. Misc. Nos. 38884 of 2025 and

          53345 of 2025 respectively.

                       5. Learned APP for the State vehemently opposes the

          prayer of the Petitioner for anticipatory bail.

                       6. Heard the parties and perused the record.
          Patna High Court CR. MISC. No.27745 of 2026(3) dt.13-05-2026
                                                      3/3




                                 7. Considering the aforesaid facts and circumstances

                    and parity, let the petitioner, above-named, be enlarged on bail,

                    in the event of his arrest or surrender before the court below

                    within a period of six weeks from the date of receipt/production

                    of a copy of this order, on his furnishing bail bonds in the sum

                    of Rs. 10,000 /- (Ten Thousand) with two sureties of the like

                    amount each to the satisfaction of learned concerned Court

                    Below, in connection with Wajirganj P.S. Case No. 02 of 2025,

                    subject to the conditions as laid down under Section 482 (2) of

                    the B.N.S.S., 2023 and on the following conditions:

                                 (i) In case, it is brought to the notice of the court

                    below that the petitioner has any criminal antecedents, learned

                    court below shall cancel the bail bonds of the petitioner after

                    hearing him and getting satisfied that the petitioner has

                    concealed his criminal antecedents despite his knowledge of the

                    same.

                                 (ii) In case, it is brought to the notice of the court

                    below that statement regarding previous bail petition is wrong,

                    learned court below shall cancel the bail bonds of the petitioner.


                                               (Praveen Kumar, J)
Pawan/-

U     T


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