Patna High Court
Ranjan kumar @ Ranjan kumar chaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner subject to conditions and verification of his criminal antecedent.
Summary
The petitioner, Ranjan Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 82.5 litres of liquor, of which 22.5 litres were said to be from his premises. He argued that the liquor was found in an open area (palani) accessible to villagers and that the house is a joint family property, making it uncertain that he had possession or knowledge of the liquor. The petitioner sought anticipatory bail, contending that the police had mechanically implicated him without proper investigation. The State opposed the bail. The Court granted provisional anticipatory bail subject to a bail bond of Rs. 15,000 with two sureties, a condition to deposit Rs. 5,000 with the Lawyers’ Association, and a verification of his criminal antecedents within six weeks, with the bail to be confirmed only if he has no more than three prior cases.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the circumstances of the alleged recovery justify denial of bail.
- Whether the petitioner’s criminal antecedent warrants denial of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- liquor seizure
- joint family property
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3273 of 2026
Arising Out of PS. Case No.-361 Year-2025 Thana- DORIGANJ District- Saran
======================================================
Ranjan kumar @ Ranjan kumar chaudhary Son of Deenanath Chaudhary @
Dinanath Chaudhary Resident Of Village- Bhairopur Nizamat, Ps- Doriganj,
Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Shweta Anand
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 82.5 litres of liquor from the house
of the petitioner and four other accused persons out of which
22.5 litres of liquor is alleged to have been recovered from
Palani of petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.3273 of 2026(2) dt.28-01-2026
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recovered from his conscious possession and palani is an open
place outside the house, which is accessible to villagers at large.
It is further submitted that once an accused is implicated in a
case relating to excise, the police starts implicating
mechanically either at the instance of Chowkidar, local person,
confessional statement or secret information without holding a
proper investigation. It is also submitted that the house in
question is a joint family property as such it cannot be alleged
with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within knowledge
of the petitioner.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the event
of his arrest or surrender before the learned trial court within a
period of six weeks from today, be released on Provisional
anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees
Fifteen Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Doriganj P.S. Case No.
361 of 2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
Patna High Court CR. MISC. No.3273 of 2026(2) dt.28-01-2026
3/3
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than
three cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his antecedent
before this Court, as such, the provisional anticipatory bail order
shall not be confirmed, but after verification if it is found that
petitioner has antecedent of three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 5,000/- with Lawyers’ Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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