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Patna High Court

Ranjeet KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bail bonds, sureties, surrender within six weeks, and verification of the petitioner's antecedent.

Summary

The petitioner, Ranjeet Kumar, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 82.89 litres of liquor from three vehicles. He argued that he was not arrested at the spot, had no liquor in his possession, and was implicated merely because he owned one of the seized vehicles, which he claimed was misused by another accused. The State opposed the bail, contending the seriousness of the offence and the petitioner's prior four excise cases. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds and sureties, and that the trial court verify his criminal antecedent. The order stipulated that if more than four prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite alleged involvement in an excise offence under Section 30(a) of the Bihar Excise Act.
  • Whether ownership of a vehicle used in the alleged offence suffices to justify arrest and denial of bail.
  • Whether the provisional bail should be conditioned on verification of the petitioner's criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • vehicle ownership
  • criminal antecedent
  • seizure of liquor
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44506 of 2026
                     Arising Out of PS. Case No.-246 Year-2025 Thana- SACHIVALAYA District- Patna
                 ======================================================
                 Ranjeet Kumar S/o Late Umesh Rai Resident of Gautam Nagar, Janta Road,
                 Near Navrangi School, P.O. and P.S.- Gardanibagh, Distt.- Patna, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Roushan Kumar
                 For the Opposite Party/s :       Mr.Umanath Mishra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-07-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of four cases under the Excise Act and

                   allegation is of recovery of 82.89 litres of liquor from three

                   vehicles.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of one of the

                   seized vehicles, i.e., scooty. It is next submitted that no prudent
Patna High Court CR. MISC. No.44506 of 2026(2) dt.08-07-2026
                                            2/3




          person would use his own vehicle for committing an occurrence

          and thus would create evidence against himself and hence

          would get implicated, it is further submitted that petitioner was

          completely unaware that Anshu would misuse the vehicle in the

          manner as alleged, who was also apprehended from the spot

          along with four other named accused.

                   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 for the petitioner, the petitioner above-named, in the event

          of his arrest or surrender before the learned trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees

          Twenty Thousand) 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 Sachiwalaya P.S.

          Case No. 246 of 2025, subject to the conditions as laid down

          under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of more than four

          cases then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
              Patna High Court CR. MISC. No.44506 of 2026(2) dt.08-07-2026
                                                          3/3




                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of four cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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