Patna High Court
Ranjan Kumar @ Raju RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail for the petitioner, subject to bail bonds, sureties, and verification of his criminal antecedents.
Summary
The petitioner, Ranjan Kumar, was implicated in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 200 litres of spirit from a banana orchard and 80 litres from his Bolero vehicle. He argued that he does not own the orchard, was unaware that his driver misused the vehicle, and that no arrest or seizure from his conscious possession had occurred. The State opposed his prayer for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.20,000 with two sureties and that the trial court verify his criminal antecedents. If the verification shows more than four prior cases, the bail will not be confirmed; if exactly four, it will be confirmed forthwith. The order is subject to the provisions of Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged offences under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether ownership of the vehicle used in the alleged offence implicates the petitioner for bail purposes.
- Whether the absence of arrest and lack of possession of the seized liquor affect the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 41(1)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- vehicle ownership
- criminal antecedent
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38885 of 2026
Arising Out of PS. Case No.-174 Year-2026 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Ranjan Kumar @ Raju Ray S/o Balistar Yadav @ Balistar Ray R/o Village-
Baikunthpur, P.S- Baikunthpur, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan
For the Opposite Party/s : Mr. Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) and
41(1) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 200 litres of spirit from a Banana
orchard behind the house of Bhagwan Ram and 80 litres of
liquor from Bolero vehicle. It is next submitted that petitioner
was not arrested from the spot as such nothing was recovered
from his conscious possession and is not the owner of the
Banana orchard and he came to be implicated based on the fact
that he is owner of the seized Bolero vehicle. It is next
Patna High Court CR. MISC. No.38885 of 2026(2) dt.18-06-2026
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submitted that no prudent person would use his own vehicle for
committing an occurrence and thus would create evidence
against himself and hence would get implicated. It is also
submitted that the petitioner was completely unaware that his
driver would misuse his vehicle in the manner as alleged who
also fled from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand)
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 Baikunthpur P.S. Case No.174/2026, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
four cases, in that event, it would be presumed that petitioner
Patna High Court CR. MISC. No.38885 of 2026(2) dt.18-06-2026
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had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of four
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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