Patna High Court
Ranjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bihar Narcotic and Smuggling (B.N.S.S.) Act, 2023 — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
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
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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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