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Patna High Court

Ajit Kumar RanjanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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