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Patna High Court

Ranjit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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