Patna High Court
Ajit Kumar RanjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, finding insufficient grounds for arrest.
Summary
The petitioner, Ajit Kumar Ranjan, sought anticipatory bail in a case alleging his involvement in the illegal transport of Nepali liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The police recovered 180 litres of liquor from an open area after a chase, but no liquor was found in the petitioner's possession. The petitioner's name was linked to the offence solely through statements of co‑accused Ranjan Das and Bijay Kumar Singh. The petitioner argued that the seizure was not conducted in accordance with the Bihar Narcotic and Smuggling (B.N.S.S.) Act procedures. The court, noting the absence of any incriminating article from the petitioner and the reliance on co‑accused testimony, granted anticipatory bail subject to a bond and sureties, conditioned on Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted when no contraband is recovered from the petitioner’s possession.
- Whether the petitioner’s involvement can be established solely on the basis of co‑accused statements.
- Whether the search and seizure complied with the procedural requirements of the B.N.S.S. Act.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act
- search and seizure
- co‑accused testimony
- B.N.S.S. Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31631 of 2026
Arising Out of PS. Case No.-77 Year-2026 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Ajit Kumar Ranjan S/o Ramchandra @ Ramchandra Baitha Resident of
Village-Bakrihari Ward No. 5, Police Station- Dhaka, District-
EastChamparan at Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Kundwa Chainpur P.S. Case No.77 of 2026,
F.I.R dated 27.02.2026 registered for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise
Amendment Act, 2018.
3. As per the prosecution case, on 26.02.2026 at about
02:30 A.M., while on patrol duty near Kundwa Chainpur
market, the police received secret information regarding illegal
transportation of Nepali liquor. Acting on the information, the
informant along with other police personnel proceeded to
Sharma Chowk, where they allegedly saw six persons carrying
Patna High Court CR. MISC. No.31631 of 2026(2) dt.07-05-2026
2/3
jute bags on their heads coming from the Nepal side. On
noticing the police, the persons fled away after throwing the
bags, though two of them were apprehended. Upon search, 180
liters of Nepali liquor was recovered.
4. Learned counsel for the petitioner submits that the
place of recovery is from an open space, which is accessible to
all. The name of the petitioner has transpired on the basis of
disclosure made by apprehended co-accused, namely, Ranjan
Das and Bijay Kumar Singh and no incriminating article is said
to have been recovered from the constructive possession of the
petitioner. It has further been submitted that the search and
seizure is said to have been made without adhering to the
procedures / provisions prescribed under the B.N.S.S. Act.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession and / or
premises belonging to the petitioner and the name of the
petitioner has transpired on the basis of disclosure made by
apprehended co-accused, namely, Ranjan Das and Bijay Kumar
Singh, accordingly, this Court is inclined to grant anticipatory
Patna High Court CR. MISC. No.31631 of 2026(2) dt.07-05-2026
3/3
bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below 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
learned Exclusive Special Excise Court No. 3, Civil Court, East
Champaran, in connection with Kundwa Chainpur P.S. Case
No.77 of 2026 subject to the condition as laid down under
Section 482(2) of the B.N.S.S., 2023.
(Ajit Kumar, J)
sharun/-
U T
Checking your session…