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Patna High Court

Ranjit Kumar @ Ranjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to bail and the bail application is allowed.

Summary

The petitioners, Ranjit Kumar and Tinku Kumar, were arrested on 5 April 2026 for allegedly recovering 520 litres of spirit from a Maruti Suzuki Dzire, alleged violations of Sections 30(a) and 32(3) of the Bihar Excise (Amendment) Act, 2018 and Sections 41(1) and 41(2) of the Excise Act. They contended that they had no ownership interest in the vehicle and were merely present in the car while returning home, and they highlighted their clean antecedents. The State opposed the bail application, arguing the seriousness of the offences. The Court, after considering the submissions and the period of custody, found no compelling reason to deny bail and ordered their release on bail bonds of Rs.5,000 each with two sureties. Consequently, the bail application was allowed.

Issues considered

  • Whether the petitioners are entitled to bail for offences under Sections 30(a) and 32(3) of the Bihar Excise (Amendment) Act, 2018 and Sections 41(1) and 41(2) of the Excise Act.
  • Whether the circumstances of arrest and the petitioners' antecedents justify the grant of bail.

Legislation cited

Subjects

  • bail
  • excise law
  • illegal liquor
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37933 of 2026
                     Arising Out of PS. Case No.-358 Year-2026 Thana- Excise P.S. District- Aurangabad
                 ======================================================
           1.     Ranjit Kumar @ Ranjeet Kumar S/o Ramswarup Yadav R/o Village -
                  Vishanpur, P.S. - Banke Bazaar, Dist. - Gayaji(Bihar).
           2.    Tinku Kumar S/o Sanjay Prasad @ Devendra Prasad @ Devendra Kumar
                 R/o Village - Biharganj, Purnadih, P.S. - Raushanganj, Dist. - Gaya
                 Ji(Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Aman Vishal
                 For the Opposite Party/s :         Mr.Umesh Lal Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in                 registered for the

                   offences punishable under Sections 30(a) and 32(3) of the Bihar

                   Excise (Amendment) Act, 2018 and Sections 41(1) and 41(2) of

                   the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean antecedent and are in

                   custody since 05.04.2026 and the allegation is of recovery of

                   520 litres of spirit from Maruti Suzuki Dzire Car.

                                4. The learned counsel for the petitioners submits that

                   petitioners are not the owners of the seized vehicle and were
               Patna High Court CR. MISC. No.37933 of 2026(2) dt.01-07-2026
                                                           2/2




                         arrested on the pretext that they were in the car when they were

                         coming back home walking through the place of occurrence and

                         thus came to be implicated.

                                      5. Learned A.P.P. opposes the bail application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioners and taking into consideration the

                         period of custody, the petitioners, above-named, are directed to

                         be released on bail on their furnishing bail-bonds in the sum of

                         Rs.5,000/- (Rupees Five Thousand) each with two sureties of

                         the like amount each to the satisfaction of learned in connection

                         with Aurangabad Excise Sadar P. S. Case No.358 of 2026.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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