Patna High Court
Ranjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Non-Commercial Sale (BNSS) Act — s. 482(2)
- Excise Act — s. 30(a), 32, 41
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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