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Patna High Court

Ranjit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petitioners' bail application, directing them to furnish bail bonds of Rs 10,000 each with two sureties.

Summary

The petitioners, three residents of Hurka village, were arrested in connection with the seizure of 60 litres of illicit country-made liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were merely standing near the spot of the seizure, had no conscious possession of the liquor, and were arrested on mere suspicion, also alleging non‑compliance with procedural requirements under Sections 103 and 105 of the Bihar Narcotic Substances Act. The State opposed the bail application. After hearing both sides and reviewing the record, the Court held that bail could be granted, directing the petitioners to furnish bail bonds of Rs 10,000 each with two sureties. The application for regular bail was therefore allowed.

Issues considered

  • Whether the petitioners are entitled to regular bail despite the seizure of illicit liquor.
  • Whether the procedural safeguards under Sections 103/105 of the Bihar Narcotic Substances Act were complied with.
  • Whether there is sufficient evidence of conscious possession to deny bail.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Section 30(a)
  • procedural lapse
  • criminal procedure
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39090 of 2026
                       Arising Out of PS. Case No.-212 Year-2026 Thana- Excise P.S. District- Rohtas
                 ======================================================
           1.     Ranjit Kumar S/o Arun Singh Resident of Village- Hurka Ward No. 13, P.S.-
                  Darihat, District- Rohtas
           2.    Raju Kumar @ Rajiv Kumar S/o Gyan Chandra Bhuiya@ Gyan Chand Ram
                 Resident of Village- Hurka Ward No. 13, P.S.- Darihat, District- Rohtas
           3.    Mukesh Kumar Singh S/o Rampati Singh Resident of Village- Hurka Ward
                 No. 13, P.S.- Darihat, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shashi Kant, Advocate
                 For the Opposite Party/s :         Mr. Rabindra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P for the State.

                                2. The petitioners have preferred this application for

                   grant of regular bail in connection with Sasaram Excise P.S.

                   case No. 212 of 2026 registered for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, a total of 60 litres of

                   illicit country-made liquor was recovered from a place situated

                   approximately 50 meters east of a fast food shop.

                                4. Learned counsel for the petitioners has submitted

                   that the petitioners are innocent and has been falsely implicated
              Patna High Court CR. MISC. No.39090 of 2026(2) dt.17-06-2026
                                                          2/2




                        in the present case. It has further been submitted that nothing

                        has been recovered from the conscious possession of the

                        petitioners. It has also been submitted that the petitioners were

                        merely standing near the place of occurrence and that the police

                        arrested them on suspicion. It has also been submitted that the

                        procedure prescribed under Sections 103/105 of the B.N.S.S..

                        has not been followed. Lastly, it has been submitted that the

                        petitioners have clean criminal antecedent and they are in

                        custody since 21.04.2026.

                                     5. Learned APP for the State has vehemently opposed

                        the prayer for bail of the petitioner.

                                     6. Heard the parties and perused the record.

                                     7. Considering the above facts and circumstances of

                        the case, let the petitioners above-named, be enlarged on bail on

                        furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

                        each with two sureties of the like amount each to the satisfaction

                        of learned Court concerned, Rohtas, in connection with

                        Sasaram Excise P.S. case No. 212 of 2026.

                                     8. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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