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Patna High Court

Ranjeet KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted, subject to verification of the petitioner’s antecedent, with confirmation contingent on a clean record.

Summary

The petitioner, Ranjeet Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 200 litres of liquor from two motorcycles. He argued he had a clean antecedent, was not in possession of the liquor, and was not the owner of the vehicles, claiming he was implicated by a local person. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is found, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic and Dangerous Substances Act.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s alleged clean antecedent and lack of possession justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • clean antecedent
  • bail conditions
  • Cr.P.C. Section 438
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33911 of 2026
                       Arising Out of PS. Case No.-438 Year-2025 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Ranjeet Kumar Son of Sanjay Yadav Resident of Village- Macharak, P.S.-
                 Fatehpur, District- Gaya Ji
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Syed Asgher Najmi, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 200 litres of liquor from two different motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of any of the seized vehicles and

                   came to be implicated at the instance of the local person but

                   then it is submitted that if the local person was aware of the

                   involvement of the petitioner in the occurrence then why he did
Patna High Court CR. MISC. No.33911 of 2026(2) dt.15-05-2026
                                            2/3




          not inform the police prior to the institution of the instant FIR

          which casts an aspersion on the case of the prosecution.

                       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 appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on provisional

          anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees

          Five Hundred) 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 Fatehpur P.S. Case

          No. 438 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order

          shall not be confirmed but if it is found on verification that

          petitioner is a person with clean antecedent in that event the
           Patna High Court CR. MISC. No.33911 of 2026(2) dt.15-05-2026
                                                       3/3




                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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