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Patna High Court

Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

Ranjan Kumar was arrested on 19 March 2026 in connection with a case involving the seizure of 752.76 litres of illicit foreign liquor. He was charged under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2022, but the seizure was made from a vehicle he does not own. The petitioner argued that he has a clean antecedent and that the seizure did not comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Exclusive Special Judge (Excise)‑I, Munger.

Issues considered

  • Whether the petitioner is entitled to bail despite charges under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2022.
  • Whether the seizure of the liquor complied with procedural requirements of Sections 103/105 of the BNSS, 2023.
  • Whether the petitioner’s lack of ownership of the vehicle and his clean antecedent justify granting bail.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • illicit liquor
  • seizure procedure
  • ownership of vehicle
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28689 of 2026
                        Arising Out of PS. Case No.-22 Year-2026 Thana- GANGTA District- Munger
                 ======================================================
                 Ranjan Kumar S/o Sudhir Das Resident of Ward no. 06, Bagras, Bagaras than
                 Singh, Samsa, Bishanpur, P.S.- Bakhri, District- Begusarai, Bihar.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Keshav Bhardwaj, Advocate
                 For the Opposite Party/s :       Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-04-2026                    Heard Mr. Keshav Bhardwaj, learned counsel for the

                   petitioner and Mr. Mritunjay Kumar Nirala, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   19.03.2026 in connection with Gangta P.S. Case No. 22 of 2026,

                   F.I.R. dated 18.03.2026 for the offences punishable under

                   Sections 30(a) and 32 of the Bihar Prohibition and Excise Act,

                   2022.

                               3. Recovery is of 752.76 liters of illicit foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that it appears

                   from the F.I.R. as well as seizure list that nothing has been

                   recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.28689 of 2026(2) dt.28-04-2026
                                            2/3




          the recovery of 752.76 liters of illicit liquor has been made from

          the vehicle in question and petitioner is not the owner of the

          vehicle in question. It appears from the seizure list that the

          seizure list witnesses are the police personnel, so there is non-

          compliance of Section 103/105 of the BNSS, 2023. The

          petitioner is in custody since 19.03.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Judge (Excise)-I, Munger in connection with Gangta

          P.S. Case No. 22 of 2026 subject to the following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court and

           on his absence on two consecutive dates without sufficient

           reason, his bail bond shall be cancelled by the Court below.

                        ii. If the petitioner tampers with the evidence or the

           witnesses, in that case, the prosecution will be at liberty to

           move for cancellation of bail.
            Patna High Court CR. MISC. No.28689 of 2026(2) dt.28-04-2026
                                                        3/3




                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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