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Patna High Court

Ranjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and specified conditions.

Summary

Ranjay Kumar was arrested on 27 February 2026 in connection with Excise Case No. 278, FIR dated 26 February 2026, for alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018 involving the recovery of 375 litres of foreign liquor. The petitioner contended that the liquor was seized from a Honda City car that he does not own, that no liquor was found in his conscious possession, and that the seizure was conducted by police witnesses without compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act. He also claimed innocence and pointed out that he is already on bail in a similar matter, though he has a prior criminal antecedent. The Additional Public Prosecutor opposed bail, citing the prior offence. The High Court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • What is the appropriateness of granting bail to the petitioner under the circumstances of alleged possession of foreign liquor?
  • Whether the seizure and investigation complied with Sections 103 and 105 of the Bihar Narcotic Substances Act?
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail?

Legislation cited

Subjects

  • bail
  • excise law
  • foreign liquor
  • seizure
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Bihar Narcotic Substances Act
  • Section 103
  • Section 105
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28707 of 2026
                        Arising Out of PS. Case No.-278 Year-2026 Thana- Excise P.S. District- Gaya
                 ======================================================
                 Ranjay Kumar S/O Shankar Prasad Resident of Village- Kharhari, P.S.-
                 Mufassil, District- Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-04-2026                      Heard Mr. Gajendra Kumar Singh, learned counsel

                   for the petitioner and Mr. Manoj Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   27.02.2026 in connection with Excise P.S. Case No. 278 of

                   2026, F.I.R. dated 26.02.2026 for the offences punishable under

                   Section 30(a), 32(3) of the Bihar Prohibition and Excise Act,

                   2018.

                               3. Recovery is of 375 liters of foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent 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 the recovery has
Patna High Court CR. MISC. No.28707 of 2026(2) dt.28-04-2026
                                            2/3




          been made from a Honda City car and the petitioner is not the

          owner of the car in question. He further submits that seizure list

          witnesses are police personnel and there is non-compliance of

          Section 103 and 105 of BNSS and the petitioner is in custody

          since 27.02.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries one criminal antecedent other

          than the present one of similar nature but fairly submits on the

          basis of paragraph-3 of the bail application that the petitioner is

          on bail in the said matter.

                       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-3, Gaya in connection with Excise P.S.

          Case No. 278 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.
            Patna High Court CR. MISC. No.28707 of 2026(2) dt.28-04-2026
                                                        3/3




                                    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.

                                   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)
Suruchi/-

U      T


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