Ranjeet KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43977 of 2026
                   Arising Out of PS. Case No.-33 Year-2026 Thana- MANSURCHAK District- Begusarai
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                 Ranjeet Kumar S/o Indradeo Mahto R/o vill- Havaspur, Ward No. 04, P.S.-
                 Muffasil, Distt- Begusarai (Bihar)
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Ms. Sonam Kumari, Advocate
                 For the Opposite Party/s :      Mr. Shailendra Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   08-07-2026                    Heard Ms. Sonam Kumari, learned Advocate for the

                   petitioner and learned Additional Public Prosecutor for the

                   State.

                                2. The petitioner apprehends his arrest in connection

                   with Mansoorchak P.S. Case No. 33/2026, registered for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. Acting on a tip off regarding the storage and selling

                   of foreign liquor from a pan factory, the police conducted raid

                   however, noticing the police party, two persons succeeded in

                   fleeing away, who were recognized as petitioner and co-accused

                   Jitendra Kumar. In course of such, total 21.750 liters foreign

                   liquor was recovered.

                                4. Learned Advocate for the petitioner submitted that

                   from perusal of the FIR, it is evident that the alleged recovery
Patna High Court CR. MISC. No.43977 of 2026(2) dt.08-07-2026
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          has been made from the godown of the pan factory which does

          not belong to the petitioner. However, only on account of the

          fact the petitioner bears one criminal antecedent of identical

          nature and resides nearby the factory. His name has been

          implicated in this case without there being any cogent materials

          suggesting his complicity in the crime. There is complete

          violation of Sections 103 and 105 of the BNSS as the members

          of the seizure list are none else but the police party besides no

          videography has been conducted. Moreover, there is no cogent

          materials which attracts the rigors provided under Section 76 of

          the Bihar Prohibition and Excise (Amendment) Act, 2022.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submits that the

          petitioner was identified on the place of occurrence besides he

          bears one criminal antecedent of identical nature.

                       6. Having considered to the submissions advanced on

          behalf of the respective parties and considering the fact that the

          alleged recovery has been made from a godown of pan factory

          situated nearby to the house of the petitioner, coupled with the

          defiance with the statutory provisions of the BNSS as also

          lacking materials attracting the rigors provided under Section

          76(2) of the Bihar Prohibition and Excise (Amendment) Act, let
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                      the petitioner above named be released on bail, in the event of

                      his arrest or surrender before the court below within a period of

                      four weeks from the date of receipt/production of a copy of this

                      order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned Exclusive Special Judge-2 (Excise Act), Begusarai

                      in connection with Mansoorchak P.S. Case No. 33/2026, subject

                      to the conditions laid down in Section 482(2) of the Bharatiya

                      Nagrik Suraksha Sanhita, 2023, with the further condition that

                      one of the bailors shall be the own/close family members of the

                      petitioner.



                                                  (Harish Kumar, J)
siddharth kr.
shaw/-

U       T