Patna High Court
Ranjeet Mehta @ Ranjeet Kumar @ Ranjit MehtaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Ranjeet Mehta, was implicated in a case alleging recovery of 153 litres of liquor from a motorcycle, alleged to be an offence under Section 30(a) of the Bihar Excise Act. He claimed he was not in possession of the liquor, did not own the vehicle, and that the case was based solely on a confessional statement of another accused, which he argued lacked evidentiary value. The petitioner, who has four prior criminal cases, sought anticipatory bail, while the State opposed the relief. Justice Satyavrat Verma granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.20,000 with two sureties and appear before the trial court within six weeks. The order further directed the trial court to verify the petitioner’s antecedent; if more than four prior cases are found, the bail would not be confirmed, otherwise it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in an excise offence where the alleged involvement is based on a confessional statement of another accused.
- Whether the petitioner’s antecedent of four prior cases affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Section 30 Bihar Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76505 of 2025
Arising Out of PS. Case No.-177 Year-2025 Thana- BHAPTIAHI District- Supaul
======================================================
Ranjeet Mehta @ Ranjeet Kumar @ Ranjit Mehta Son of Parmeshwar Mehta
Resident of Village- Kadhari Kalayanpur, Ward No 9, PS- Bhaptiyahi, District
-Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Opposite Party/s : Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In view of the submission made by the learned
counsel appearing on behalf of the petitioner, the defect as
pointed out by the office is hereby ignored.
3. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
4. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases and allegation is of
recovery of 153 liters of liquor from a motorcycle.
5. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.76505 of 2025(2) dt.19-01-2026
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was recovered from his conscious possession and is not the
owner of the seized vehicle and he came to be implicated based
on confessional statement of apprehended accused in police
custody which does not have any evidentiary value. It is also
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.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. 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
Bhaptiyahi P.S. Case No. 177 of 2025 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
8. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
Patna High Court CR. MISC. No.76505 of 2025(2) dt.19-01-2026
3/3
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 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 only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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