Patna High Court
Ranjit Kumar @ Ranjeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedent.
Summary
The petitioner, Ranjit Kumar, was implicated in a case alleging recovery of 3,801.6 litres of liquor from a Hyva truck and a Bolero pick‑up vehicle, both seized by authorities. He contended that he was not in possession of the liquor at the time of seizure and that he was unaware of any misuse of his vehicle by Vijay Tiwari, with whom he had a plying agreement dated 09‑02‑2026. The State opposed his request for anticipatory bail under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order also directed verification of the petitioner’s criminal antecedent, with confirmation of bail if he is found to have a clean record.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in view of the alleged liquor seizure under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s lack of conscious possession and alleged ignorance of the vehicle’s misuse justify granting bail.
- Whether the trial court should verify the petitioner’s criminal antecedent before confirming the provisional bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 41(1)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- liquor seizure
- vehicle owner liability
- clean antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42649 of 2026
Arising Out of PS. Case No.-69 Year-2026 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Ranjit Kumar @ Ranjeet Kumar S/o Sri Kailash Prasad R/o Vill. - Bharosa,
P.S. - Nawada, Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 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 offences punishable under Sections 30(a) and
41(1) of the Bihar Prohibition and Excise (Amendment) Act,
2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 3801.6 litres of liquor from a Hyva Truck and a
Bolero Pick-Up Vehicle was seized.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
Patna High Court CR. MISC. No.42649 of 2026(2) dt.02-07-2026
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owner of the Hyva Truck. It is next 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 petitioner was
completely unaware that Vijay Tiwari would misuse the vehicle
in the manner as alleged with whom petitioner had entered into
an agreement for plying the vehicle as would manifest from the
agreement dated 09.02.2026 (Annexure-2 to the anticipatory
bail application).
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let 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.500/- (Rupees
Five Hundred) 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 Simri Bakhtiyarpur
P.S. Case No. 69 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Patna High Court CR. MISC. No.42649 of 2026(2) dt.02-07-2026
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Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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