Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
Ranjan Kumar was arrested in connection with the recovery of 240 litres of liquor from a vehicle, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was only the driver and had no knowledge of the contraband, asserting his innocence. The prosecution opposed bail, highlighting his prior criminal antecedent and the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court considered the facts, the period of custody since 10‑12‑2025, and the absence of incriminating material in his possession. Accordingly, the Court inclined to grant bail, ordering his release on a bond of Rs.15,000 with two sureties. The bail petition was disposed in the petitioner’s favour.
Issues considered
- Whether bail can be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite a prior criminal antecedent and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Whether the petitioner’s role as driver without knowledge of the goods negates the charge
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- liquor seizure
- criminal procedure
- driver liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2987 of 2026
Arising Out of PS. Case No.-71 Year-2025 Thana- Pura police station District- Gaya
======================================================
Ranjan Kumar S/O Kishori Saw @ Kishori Kumar Gupta R/O Vill. - Amra,
P.S - Konch,Dist- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Meena Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Pura
P.S. Case No. 71 of 2025, instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 240 liters
liquor was recovered from car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
further submitted that the petitioner is driver of the vehicle and
he has no knowledge regarding the goods loaded in the vehicle.
Patna High Court CR. MISC. No.2987 of 2026(2) dt.19-01-2026
2/2
The petitioner is in custody since 10.12.2025 and has got one
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Pura P.S. Case No.
71 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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