Patna High Court
Ranjit RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioners subject to bond, sureties, and verification of antecedents, with confirmation contingent on the absence of concealed prior cases.
Summary
The petitioners, Ranjit Rai and Awdhesh Rai, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 150 litres of liquor near a railway line. They argued that they were not caught in possession, the liquor was recovered from public land, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of the petitioners’ criminal antecedents. It directed that if any petitioner is found to have concealed more than one prior case, the bail would not be confirmed for that individual; otherwise, the bail would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bihar Excise Act case.
- Whether the lack of possession and omission of the informant’s name in the FIR affect the grant of bail.
- Whether the petitioners’ criminal antecedents warrant denial of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable and Security Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Section 30
- Section 482
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37915 of 2026
Arising Out of PS. Case No.-120 Year-2026 Thana- NADI P.S. District- Patna
======================================================
1. Ranjit Rai S/o- Haribandhu Ray @ Harwanshu Rai R/Village- Fatehjangpur,
P.S- Nadi District - Patna
2. Awdhesh Rai S/o- Beny Rai R/Village- Fatehjangpur, P.S- Nadi District -
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of one case under the Excise Act and
allegation is of recovery of 150 liters of liquor from a place near
a railway line.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.37915 of 2026(2) dt.17-06-2026
2/3
recovery is from a place which does not belong to the
petitioners and is accessible to public at large and they came to
be implicated at the instance of local person, but then the name
of the person who disclosed the name of the petitioners is not
disclosed in the 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
5000/- (Rupees Five Thousand) each 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
Nadi P.S. Case No. 120 of 2026 subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that any of the petitioners have antecedent of
more than one case then it would be presumed that petitioners, for
the purposes of seeking anticipatory bail, had concealed their
Patna High Court CR. MISC. No.37915 of 2026(2) dt.17-06-2026
3/3
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to the petitioner who
had concealed his antecedent, but after verification if it is found
that petitioners have antecedent of one case, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.