Patna High Court
Ranjeet Kumar @ Ranjeet SawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, finding no prima facie evidence of his possession of the illicit liquor and noting procedural lapses in the seizure.
Summary
The petitioner, Ranjeet Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, with 48 litres of liquor recovered from a third party's house. The petitioner contended that the seized liquor was not in his conscious possession and that the search violated Section 103(4) of the Act because no independent witness was present. The prosecution opposed the petition for anticipatory bail, relying on the co-accused's statement linking the petitioner to the offence. The court examined the material on record and found no prima facie evidence of the petitioner's possession of the liquor. Consequently, the court directed that the petitioner be released on anticipatory bail upon surrendering within four weeks, subject to a bail bond and sureties, and compliance with conditions under Section 438(2) of the CrPC and Section 482(2) of the Act. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite allegations of illegal liquor trade
- Whether the seizure of liquor complied with Section 103(4) of the Bihar Prohibition and Excise Amendment Act, 2022
- Whether there is sufficient evidence of the petitioner's conscious possession of the seized liquor
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 103(4), 30(a), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- search and seizure
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41962 of 2026
Arising Out of PS. Case No.-141 Year-2026 Thana- BUNIYAD GANJ District- Gaya
======================================================
Ranjeet Kumar @ Ranjeet Saw, S/o Mohan Saw @ Mohan Sao, R/o Mohalla
- Head Mapur, Kukra, P.S. - Buniyadganj, Dist. - GayaJi.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Buniyadganj P.S.
Case No.141 of 2026 registered under Sections 30(a) of the
Bihar Prohibition and Excise Amendment Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 48 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized liquor was recovered from the
house of one namely, Mohan Sao. It is further submitted
Patna High Court CR. MISC. No.41962 of 2026(2) dt.30-06-2026
2/3
that no recovery has been effected from the conscious and
exclusive possession of the petitioner, and there is no
material on record to establish his conscious possession of
the alleged illicit liquor. It is argued that Section 103(4) of
BNSS has not been complied with qua search of premises,
inasmuch as no independent witness was associated with the
search and seizure list and the seizure witnesses were police
personnel themselves. It is also pointed out that the name of
the petitioner surfaced solely on the disclosure statement
made by co-accused, namely, Anil Kumar. The petitioner has
three criminal antecedent of similar nature, in which, he is
on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
Patna High Court CR. MISC. No.41962 of 2026(2) dt.30-06-2026
3/3
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court-I,
Gaya Jee in connection with Buniyadganj P.S. Case No.141
of 2026, subject to the conditions as laid down under
Section 438(2) of the CrPC/under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
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