Patna High Court
Abhishek Ranjan @ Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Abhishek Ranjan, was arrested in connection with the recovery of 92.58 litres of illicit liquor alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He applied for regular bail, asserting innocence, a clean antecedent, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts, allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties, subject to conditions including the charitable donation, monthly attendance at the police station, and verification of antecedents. The order emphasized that the observations were prima facie and not to influence the trial. The bail was granted under the inherent powers of the court under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether the petitioner is entitled to regular bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the conditions imposed, including a charitable donation, are permissible under law.
- Whether the court can exercise its inherent powers under Section 482(2) of the CrPC to grant bail in this case.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- regular bail
- Section 482 CrPC
- charitable donation condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41400 of 2026
Arising Out of PS. Case No.-73 Year-2026 Thana- Excise Mashrakh District- Saran
======================================================
Abhishek Ranjan @ Abhishek Kumar Son of Late Arun Ray Resident of
Village - Asoiyan (Asoia), P.S.- Marhowrah (Marhaura), District - Saran at
Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Adv.
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Mashrakh Excise P.S. Case No. 73 of 2026, registered for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act, 2022.
3. As per the prosecution case, there is recovery of
92.580 litres of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has committed no offence. The
petitioner is in custody since 06.06.2026 and claims clean
antecedent. The petitioner undertakes to donate a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand Only) to a charitable
Patna High Court CR. MISC. No.41400 of 2026(2) dt.25-06-2026
2/3
organization, without prejudice to his defence and without
admitting guilt.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Mashrakh Excise
P.S. Case No. 73 of 2026, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S. with further conditions
that:-
(i) The petitioner shall
deposit a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand Only) with
Ramakrishna Mission Ashrama, Latu
Maharaj Path , Opp. Circuit House,
Chapra, Bihar 841 301 and shall
produce a valid receipt thereof before
the court below. The bail bonds shall
be accepted only after verification of
the genuineness of the said receipt.
(ii) The petitioner shall
mark his attendance at Marhowrah
(Marhaura) Police Station on first and
third Sunday of each month. In the
Patna High Court CR. MISC. No.41400 of 2026(2) dt.25-06-2026
3/3
event of default, the bail bonds shall
be liable to be cancelled.
(iii) At the time of
acceptance of bail bonds, the court
below shall verify the antecedents of
the petitioner. The bail bonds shall be
accepted only upon confirmation that
the petitioner has no criminal
antecedent. However, such verification
shall not be used as a ground to
unnecessarily delay acceptance of the
bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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