Patna High Court
Ranjeet Kumar @ Ranjit MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the recovery of illicit liquor did not prima facie establish the petitioner's possession.
Summary
The petitioner, Ranjeet Kumar, was named in an FIR for alleged illegal manufacturing and trading of prohibited liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 29.250 liters of foreign liquor recovered from the back wall of his house. He contended that the liquor was not in his conscious possession and that the recovery was merely from a location accessible to family members and the public. The State opposed his application for anticipatory bail, citing his prior criminal antecedents and multiple pending cases. The Court observed that the recovery did not prima facie establish possession by the petitioner and therefore granted anticipatory bail, subject to a bail bond and sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directs the petitioner to surrender within four weeks and comply with the bail conditions.
Issues considered
- Whether anticipatory bail is warranted when the alleged contraband is recovered from premises but not from the petitioner's physical possession.
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44903 of 2026
Arising Out of PS. Case No.-116 Year-2026 Thana- HASANPUR District- Samastipur
======================================================
Ranjeet Kumar @ Ranjit Mahto Son of Rajendra Mahto Resident of village -
Goriyari, Police Station - Hasanpur, District - Samastipur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Mahendra Pratap, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Hasanpur P.S. Case No.
116 of 2026 registered for the offences under Sections 30(a) of the
Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to involve in
illegal trading/manufacturing of illicit liquor. It is alleged that total
29.250 liters of prohibited foreign liquor was recovered from the
backside wall of the old house of the petitioner.
4. Learned counsel appearing on behalf of the petitioner
submitted that the alleged illicit liquor was recovered beside the
back wall of the old house of the petitioner, in which other family
members were also living and accessible to general public. It is
submitted that nothing incriminating has been recovered from
conscious physical possession of this petitioner. It is further
Patna High Court CR. MISC. No.44903 of 2026(2) dt.08-07-2026
2/2
submitted that due to previous criminal antecedents of the
petitioner, he was implicated in the present case also, as the
petitioner found involved in six more criminal cases, in which he
is on bail.
5. Learned A.P.P. for the State has opposed the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima-facie not
appears to be made from physical possession of this petitioner,
accordingly, above-named petitioner, in the event of his
arrest/surrender within a period of four weeks from this order, is
directed to be enlarged on bail on furnishing of bail bond of
Rs.10,000/- (ten thousand only) with two sureties of the like
amount each to the satisfaction of learned Exclusive Court of
Learned Special Judge, Excise - I, Samastipur/concerned court in
connection with Hasanpur P.S. Case No. 116 of 2026, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita
(in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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