Patna High Court
Shashi RanjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Shashi Ranjan was arrested on 2 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act for allegedly possessing 35 litres of country‑made liquor seized from his bicycle. The petitioner claimed he had a clean antecedent and that the FIR was false and fabricated, arguing that the charge was based merely on suspicion. He also contended that the seizure was effected by police witnesses without complying with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, but the court noted the petitioner’s clean record and the procedural lapses, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be accepted without delay for verification purposes.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether non‑compliance of Sections 103 and 105 of the BNSS, 2023 justifies granting bail.
- Whether the petitioner’s clean antecedent and claim of false implication affect the bail decision.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- false implication
- procedural lapse
- clean antecedent
- Section 30(a)
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31160 of 2026
Arising Out of PS. Case No.-149 Year-2026 Thana- RUPASPUR District- Patna
======================================================
Shashi Ranjan S/O Sanjay Kumar Singh R/O Village - Kothwan, P.S-
Khagaul, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rudrank Shivam Singh, Advocate
For the State : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-05-2026 Heard Mr. Rudrank Shivam Singh, learned counsel
for the petitioner and Mr. Arun Kumar Singh, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
02.03.2026, in connection with Rupaspur P.S. Case No. 149 of
2026, F.I.R. dated 01.03.2026 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition &
Excise Act.
3. Recovery is of 35 litres of country made liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
Patna High Court CR. MISC. No.31160 of 2026(2) dt.08-05-2026
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it appears from the F.I.R. as well as seizure list that altogether
35 litres of country made liquor was recovered from the bicycle
in question and petitioner has been made accused in the present
case merely on the basis of suspicion. It appears from the
seizure list that the seizure list witnesses are police personnel so
there is non-compliance of Sections 103 and 105 of BNSS, 2023
and the petitioner is in custody since 02.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
there is non-compliance of Sections 103 and 105 of the BNSS,
2023, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Special Excise Judge, Danapur in connection with
Rupaspur P.S. Case No. 149 of 2026, subject to the following
conditions :-
(1) 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
Patna High Court CR. MISC. No.31160 of 2026(2) dt.08-05-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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)
Ibrar//-
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