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Patna High Court

Ranjeet Kumar @ Ranjeet SawversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U        T


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