Patna High Court
Ranjan Kumar Tiwari @ Ranjan TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as the seizure did not prima facie establish his possession of the illicit liquor.
Summary
The petitioner, Ranjan Kumar Tiwari, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 50 litres of liquor reportedly seized. The petitioner argued that the liquor was recovered from an open field, not from his conscious possession, and that the seizure list lacked independent witnesses, suggesting the accusation was politically motivated. The State opposed the petition for anticipatory bail. The court examined whether the facts established a prima facie case of possession sufficient to deny bail. Finding that the seizure did not demonstrate the petitioner’s actual possession and noting his clean antecedents, the court granted anticipatory bail subject to bond and sureties. The bail order was conditioned on compliance with Section 438(2) of the CrPC and Section 482(2) of the BNSS and required surrender within four weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of illicit liquor establishes the petitioner’s conscious possession sufficient to deny bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44741 of 2026
Arising Out of PS. Case No.-158 Year-2026 Thana- RASULPUR District- Saran
======================================================
Ranjan Kumar Tiwari @ Ranjan Tiwari, Son of Late Vidyabhushan Tiwari @
Dhunmun Tiwari, R/o Village- Rasulpur,P.S. -Rasulpur, District- Saran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 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 Rasulpur P.S.
Case No.158 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 50 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
a field, which is an open place accessible to the general
Patna High Court CR. MISC. No.44741 of 2026(2) dt.07-07-2026
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public and, therefore, it cannot be said that the alleged
recovery was made from the conscious possession of the
petitioner. It is further submitted that seizure list also
appears doubtful being not supported by independent
witnesses rather than by police personnel. It is also pointed
out that the name of the petitioner surfaced due to village
politics. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking 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, who is a
man of clean antecedent, 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 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-II, Saran at Chapra in
connection with Rasulpur P.S. Case No.158 of 2026, subject
Patna High Court CR. MISC. No.44741 of 2026(2) dt.07-07-2026
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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/-
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