Patna High Court
Madhu Ranjan Kumar @ Madhu Rajan Kumar Singh @ Madhuranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail is granted to the petitioner subject to bail bond and conditions.
Summary
The petitioner, Madhu Ranjan Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 20 litres of illicit liquor and engaging in its illegal trade. He argued that the liquor was recovered from his car, which was misused by the driver, and that his involvement was inferred solely from his criminal antecedents and ownership of the vehicle. The State opposed his request for anticipatory bail. The Court observed that the recovery of the liquor did not prima facie establish the petitioner's conscious possession. Consequently, the Court ordered that the petitioner be granted anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code.
- Whether the facts establish conscious possession of illicit liquor sufficient to deny bail.
- Whether the petitioner's prior criminal cases justify denial of anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- bail conditions
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36851 of 2026
Arising Out of PS. Case No.-108 Year-2026 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Madhu Ranjan Kumar @ Madhu Rajan Kumar Singh @ Madhuranjan Kumar
Son of Nand Kumar singh Resident of Village -Daulatpur Chandi, PS-Hajipur
Sadar Dist- Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Mrityunjay Kumar, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Hajipur P.S. Case
No. 108 of 2026 registered for the offences punishable under
Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to have in
possession of 20 litres of illicit liquor and engaged in illegal
trading/manufacturing of illicit liquor.
4. Learned counsel appearing on behalf of the petitioner
submitted that petitioner was implicated with the present case
only for the reason that he is the owner of the Car from where
the illicit liquor was recovered. It is submitted that the vehicle in
issue was misused by the driver of the petitioner. It is pointed
Patna High Court CR. MISC. No.36851 of 2026(2) dt.17-06-2026
2/2
out that the reason for implication of this petitioner in the
present case is his criminal antecedents as he found involved in
eight (8) cases of different nature, in which he is on bail.
5. Learned A.P.P. for the State has opposed the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima-facie
not appears to be made from conscious physical possession of
this petitioner, accordingly, above-named petitioner, in the event
of his arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Exclusive Special Excise Judge- I, Vaishali at
Hajipur/concerned court in connection with Hajipur Excise P.S.
Case No. 108 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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