Patna High Court
Ranjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, given the petitioners' clean antecedent and the non‑compliance of Sections 103 and 105 of BNSS, 2023, bail must be granted subject to prescribed conditions.
Summary
The petitioners, Ranjeet Kumar and Dinesh Kumar, were arrested on 4 June 2026 in connection with the seizure of 120 litres of illicit liquor under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They claimed to have clean antecedents and argued that the liquor was recovered from a vehicle they owned, not from their conscious possession, and that the seizure was conducted by Bihar Home Guard personnel without complying with Sections 103 and 105 of the BNSS, 2023. The State opposed bail. The High Court, noting the petitioners' clean record and the procedural lapses, granted bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The order directed the lower court to release the petitioners while the trial proceeds.
Issues considered
- Whether the petitioners are entitled to bail for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Sections 103 and 105 of BNSS, 2023, justifies granting bail.
- Whether the recovery of illicit liquor from the vehicle, rather than from the petitioners' conscious possession, affects bail eligibility.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- BNSS 2023
- procedural lapse
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42803 of 2026
Arising Out of PS. Case No.-626 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
1. Ranjeet Kumar Son of Ramprasad Mandal Resident of Village- Bela Tol, Ps-
Pipra, Dist- Supaul
2. Dinesh Kumar son of Lakshmi Mahato Resident of Village- Lalpatti, Ps-
Triveniganj, Dist- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjay Kumar Singh, Advocate
For the Opposite Party/s : Ms.Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-07-2026 Heard Mr.Ranjay Kumar Singh,learned counsel for
the petitioners and Ms.Renu Kumari, learned A.P.P. for the
State.
2. The petitioners seek bail, who are in custody since
04.06.2026 in connection with Kishanganj Madhya Nisedh
P.S.Case No.626 of 2026, F.I.R. dated 04.06.2026 registered for
the offence punishable under Section 30(a) and 32(3) of Bihar
Prohibition and Excise Act.
3. Recovery is of 120 liters of illicit liquor.
4. Learned counsel appearing for the petitioners
submits that the petitioners have clean antecedent. They have
falsely been implicated in the present case. Further submits that
Patna High Court CR. MISC. No.42803 of 2026(2) dt.06-07-2026
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from a bare perusal of the FIR it appears that nothing has been
recovered from conscious possession of the petitioners rather
the recovery has been made from the vehicle in quesiton and
petitioner No.1 is owner of the vehicle in question. It appears
from the FIR as well as the seizure list that the seizure list
witnesses are Bihar Home Guard personnel so there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioners are in custody since 04.06.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioners.
6. Considering the aforesaid fact, petitioners have
clean antecedent and there is non-compliance of Sections 103
and 105 of BNSS, 2023, let the petitioners, above named, be
released on bail on furnishing bail bond of Rs.10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge Excise Court
No.2, Kishanganj in connection with Kishanganj Madhya
Nisedh P.S.Case No.626 of 2026, with the following
conditions:-
(I) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.42803 of 2026(2) dt.06-07-2026
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on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
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