Patna High Court
Ranjeet Kumar Ray @ Indrajeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court directed that the petitioner be released on pre‑arrest bail subject to a bail bond and sureties, subject to verification of criminal antecedents.
Summary
The petitioner, Ranjeet Kumar Ray, applied for pre‑arrest bail in a case (Halai P.S. Case No. 21 of 2026) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for the recovery of 80.34 litres of illicit liquor from a banana orchard. The petitioner claimed he was falsely implicated, had no involvement with the seized liquor, and that the orchard was an open, publicly accessible place. The State opposed the bail, but the court noted the open nature of the location and the State's failure to implement its liquor policy. Consequently, the court ordered that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the BNSS. The district court was directed to verify the petitioner’s criminal antecedents, and the bail application was disposed of.
Issues considered
- Whether pre‑arrest bail should be granted in a case of alleged possession of illicit liquor recovered from an open place
- Whether the State's failure to implement its liquor policy influences the grant of bail
- Whether conditions under Section 482(2) of the BNSS apply to the bail order
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- open place
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30205 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- HALAI District- Samastipur
======================================================
Ranjeet Kumar Ray @ Indrajeet Kumar, S/o Ramjanam Ray, Resident of
VIllage- Chakjalal ,Ward No. 07, P.S.- Halai, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Madan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 13-05-2026 Heard Mr. Madhav Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Madan Kumar,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Halai P.S. Case No. 21 of 2026 registered for the offence
punishable under Section 30 (a) of the Bihar Prohibition and
Excise Act as amended up-to-date.
3. Allegation is of recovery of 80.34 litres of illicit
liquor from a banana orchard.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in the present case. Petitioner has no concern with the alleged
seized liquor nor he is involved in trade or consumption of illicit
liquor in any manner. The recovery was made from a banana
Patna High Court CR. MISC. No.30205 of 2026(2) dt.13-05-2026
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orchard, which is an open place and easily accessible to anyone.
On these grounds, petitioner seeks to be released on pre-arrest
bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that the recovery of 80.34 litres
of illicit liquor was made from a banana orchard, which is an
open place and easily accessible to any one and also the fact that
the State has failed to implement its liquor policy in its true
spirit, the petitioner, above named, is directed to be released on
pre-arrest bail, in the event of his/her arrest or surrender before
the learned District Court within a period of four weeks from
today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District Court where the case is
pending, in connection with Halai P.S. Case No. 21 of 2026,
subject to the condition as laid down under Section 482(2) of
the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
Patna High Court CR. MISC. No.30205 of 2026(2) dt.13-05-2026
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paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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