Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioner should be released on bail under Section 482(2) of the B.N.S.S. due to the vague allegations and risk of false implication, subject to prescribed conditions.
Summary
The petitioner, Ranjan Kumar, sought bail fearing arrest in Excise Case No. 844 of 2026, which alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act based on secret informant information about illicit liquor being unloaded from a truck. The prosecution recovered 86.40 litres of foreign liquor and 24 litres of beer from the truck, but no incriminating material was found on the petitioner. The petitioner’s counsel argued that he had no connection to the truck or the liquor and was falsely implicated, noting an unrelated pending case on bail. The State opposed the bail. Considering the vague allegations, the possibility of false implication, and lack of direct evidence against the petitioner, the court granted bail subject to conditions under Section 482(2) of the B.N.S.S., requiring a bond of Rs.10,000 with two sureties and the petitioner’s presence in court as required.
Issues considered
- Whether the petitioner is entitled to bail given the vague nature of the allegations and lack of direct evidence.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for granting bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- bail
- excise
- illicit liquor
- false implication
- secret informant
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28673 of 2026
Arising Out of PS. Case No.-149 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
Ranjan Kumar S/o Jasim Nat, R/o Village- Bishrampur, PS- Sasaram M, Dist-
Rohtas.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Rajani Kant Singh, Advocate
For the State : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Excise Case No. 844
of 2026, arising out of Sasaram Excise P.S. Case No. 149 of
2026, dated 22.03.2026, registered for the offences punishable
under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, informant received
secret information about the petitioner and co-accused
unloading illicit liquor from a ten-wheeler truck and the said
truck was found standing in an abandoned condition. On search
of the said truck, recovery of 86.40 litres of illicit foreign liquor
and 24 litres of illicit beer was made.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.28673 of 2026(2) dt.30-04-2026
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case. Petitioner has no concern either with the truck in question
or with the illicit liquor which was recovered from the said
truck. It shows that nothing incriminating has been recovered
from the person or possession of the petitioner. In the most
casual manner, petitioner has been named on the basis of secret
information for being involved in the alleged occurrence.
Learned counsel lastly submits that petitioner is having
antecedent of one case of different nature in which he is on bail.
5. Learned APP opposes the submissions made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
completely vague nature of allegation levelled against the
petitioner and further considering the possibility of false
implication, let the petitioner, above-named, in the event of his
arrest or surrender before the Court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, Court No. 1, Rohtas at Sasaram, in
connection with Excise Case No. 844 of 2026, arising out of
Sasaram Excise P.S. Case No. 149 of 2026, subject to the
Patna High Court CR. MISC. No.28673 of 2026(2) dt.30-04-2026
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conditions as laid down under Section 482(2) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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