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Patna High Court

Ranjeet Kumar @ Ranjit MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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