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Patna High Court

Ranjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted bail to the petitioner, holding that the alleged illicit liquor was not in his conscious physical possession and he was not named in the FIR.

Summary

The petitioner, Ranjeet Kumar, was not named in the FIR relating to an excise case (PS Case No. 833 of 2023) involving alleged illegal manufacture and trade of illicit liquor, with a seizure of 1500 litres of country-made liquor and 6.75 litres of foreign liquor. The recovery was linked to a Tata Sumo Gold vehicle, but the petitioner claimed he was neither the owner nor driver, and his name surfaced only through a co-accused's confession, with no liquor found in his physical possession. The learned Assistant Public Prosecutor opposed bail, while the petitioner’s counsel argued lack of direct involvement. The court examined the factual submissions and noted that the seized liquor was not in the petitioner’s conscious physical possession. Consequently, the court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bond of Rs. 10,000 with two sureties, under Section 482(2) of the BNSS. The bail was granted pending trial in the excise case.

Issues considered

  • Whether bail can be granted to a person not named in the FIR and not in physical possession of the seized illicit liquor
  • Whether the High Court has jurisdiction under Section 482(2) of the BNSS to grant bail in such excise matters

Legislation cited

Subjects

  • bail
  • excise law
  • illicit liquor
  • FIR
  • possession
  • high court jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34367 of 2026
                   Arising Out of PS. Case No.-833 Year-2023 Thana- SHEKHPURA District- Sheikhpura
                 ======================================================
                 Ranjeet Kumar S/o Harinandan Prasad Yadav @ Harinandan Yadav @ Bagho
                 Yadav Resident of Village - Bagai, P.S.- Fatehpur (Gurfa, Gurpa), District -
                 Gaya.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Man Mohan Kumar
                 For the Opposite Party/s :       Mr.Harendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   08-06-2026                            Heard the parties

                                2. The petitioner is not named in the F.I.R. and

                   apprehending his arrest in connection with Sheikhpura

                   P.S. Case No. 833 of 2023 registered for the offences

                   punishable under Section 30(a), 32 and 41 of Excise

                   Act.

                                3. The allegation against the petitioner is to be

                   engaged in illegal trading/manufacturing of illicit liquor,

                   where, there is recovery of 1500 litres of country made

                   liquor and 6.75 lt foreign liquor.

                                4. It is submitted by learned counsel appearing
Patna High Court CR. MISC. No.34367 of 2026(3) dt.08-06-2026
                                            2/3




          on behalf of the petitioner that recovery of alleged illicit

          liquor was made from one, Tata Sumo Gold bearing

          registration no. BR27C0324. It is submitted that

          petitioner is neither the owner nor driver of the aforesaid

          vehicle. It is submitted that the name of this petitioner

          surfaced during investigation on the basis of confessional

          statement of apprehended co-accused, in furtherance of

          which no illicit liquor was made recovered from the

          conscious        physical       possession           of   this   petitioner.

          Petitioner found involved in two more criminal case

          where he is on bail.

                       5 Learned APP, opposes the prayer of bail.

                       6. In view of aforesaid factual submission and

          by taking note of fact as recovery of alleged illicit liquor

          prima-facie not appears to be made from the conscious

          physical       possession        of     the     petitioner,      accordingly

          petitioner above-named, in the event of his arrest or

          surrender before the court below within a period of four

          weeks, is directed to be released on bail, furnishing bail
              Patna High Court CR. MISC. No.34367 of 2026(3) dt.08-06-2026
                                                          3/3




                        bond of Rs. 10,000/- (Rupees Ten Thousand) with two

                        sureties of the like amount each to the satisfaction of

                        the learned Exclusive Spl. Excise Judge, Sheikhpura

                        /concerned Court, where the case is pending in

                        connection with Sheikhpura P.S. Case No. 833 of 2023,

                        subject to the conditions as laid down under Section

                        482(2) of BNSS.



                                                                 (Chandra Shekhar Jha, J)
Sudha/-

U         T


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