Patna High Court
Ranjit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner on the condition of a cash bond and sureties.
Summary
The petitioner, Ranjit Kumar, was arrested in connection with the recovery of 1,017 litres of liquor from four vehicles and charged under Sections 272 and 273 of the Indian Penal Code together with Sections 30(a), 32(ii), 38(ii) and 41(1) of the Bihar Excise Act. He pleaded that he has a clean record, was not caught in the act, did not have the liquor in his conscious possession and was implicated only because he owned one of the seized vehicles, asserting that his driver acted without his knowledge. The State opposed bail, arguing the seriousness of the offences. The Court considered the petitioner’s clean antecedent, lack of direct possession, and the fact that he was unaware of the driver’s misuse of the vehicle. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, subject to the trial court’s satisfaction.
Issues considered
- Whether bail should be granted to a person charged under IPC Sections 272 and 273 and the Bihar Excise Act when the alleged offence involved large quantities of liquor but the accused claims lack of direct possession and knowledge.
Legislation cited
- Indian Penal Code — s. 272, 273
Subjects
- bail
- IPC 272
- IPC 273
- Bihar Excise Act
- liquor seizure
- vehicle owner liability
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29600 of 2026
Arising Out of PS. Case No.-553 Year-2022 Thana- GORAUL District- Vaishali
======================================================
Ranjit Kumar S/o- Brahamdev Rai @ Brahamdeo Singh Village- Rajapakar
Uttar tola PS- Rajapakar District-Vaishali Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rupa Kumari, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 272 and 273 of the Indian
Penal Code read with Sections 30(a), 32(ii), 38(ii) and 41(1) of
the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1017 liters of liquor from four different vehicles.
4. Learned counsel for the petitioner submits that the
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of one of the
seized vehicles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.29600 of 2026(2) dt.04-05-2026
2/2
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated, it is also submitted that petitioner was completely
unaware that his driver would misuse the vehicle in the manner
as alleged. It is also submitted that petitioner is in custody since
24.03.2026.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Goraul
P.S. Case No. 553 of 2022.
(Satyavrat Verma, J)
Rishabh/-
U T
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