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Patna High Court

Ranjan Nat @ Ranjan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail with conditions, subject to verification of the petitioner’s antecedents by the trial court.

Summary

The petitioner, Ranjan Nat, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing two litres of liquor and mahua jaggery solution recovered from his house, which was subsequently destroyed. He contended that the liquor was not in his conscious possession, the house is joint family property, and the concept of deemed possession was abolished by the 2018 amendment to the Excise Act. The petitioner sought anticipatory bail, arguing that the police had mechanically implicated him without proper investigation. The State opposed the bail. The High Court, invoking its inherent powers under Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a bail bond of Rs.5,000, two sureties of the same amount, and a condition that the trial court verify his criminal antecedents within six weeks, after which the bail may be confirmed or set aside.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the BNSS for an offence under Section 30(a) of the Bihar Excise Act
  • Whether the absence of conscious possession and the joint family nature of the property preclude the grant of anticipatory bail

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • Bihar Excise Act
  • Section 482
  • joint family property
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6634 of 2026
                     Arising Out of PS. Case No.-465 Year-2024 Thana- RANIYATALAB District- Patna
                 ======================================================
                 Ranjan Nat @ Ranjan Kumar S/O Virog Nat R/O Village- Ajad Nagar, P.S-
                 Rani Talab, Distt.- Patna, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Surya Narayan Kumar
                 For the Opposite Party/s :       Ms.Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026               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 one case under the Excise Act and

                   allegation is of recovery of 2 litres of liquor from the house of

                   the petitioner along with mahua jaggery solution, which was

                   destroyed.

                             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 after 2018

                   amendment in the Excise Act, the concept of deemed possession
Patna High Court CR. MISC. No.6634 of 2026(2) dt.04-02-2026
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          and presumed offender has been done away with. It is next

          submitted that the house in question is a joint family property as

          such it cannot be alleged with certainty that it was petitioner

          who had kept the liquor in the house or the liquor kept in the

          house was within knowledge of the petitioner and he came to be

          implicated at the instance of local people but then it is submitted

          that once an accused is implicated in a case relating to excise,

          the police starts implicating mechanically either at the instance

          of Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                   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. 5,000/- (Rupees

          Five 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 Ranitalab P.S. Case

          No. 465 of 2024, 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
              Patna High Court CR. MISC. No.6634 of 2026(2) dt.04-02-2026
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                        shall verify the criminal antecedent of the petitioner and in the

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

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

                        seeking anticipatory bail, had concealed his antecedent before this

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

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

                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.

                                 8.     At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 2,500/- with Advocates’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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