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Patna High Court

Ranjit Kumar @ Ranjit YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedents.

Summary

The petitioner, Ranjit Kumar, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 164.4 litres of liquor from a vehicle he owned. He argued that he was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that a third party would misuse his vehicle. The State opposed the bail, contending the seriousness of the offence. The Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and a deposit of Rs.5,000 with the Lawyers’ Association, subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S. If more than three prior cases are found, the bail may be revoked; if exactly three, it will be confirmed. The order directs the trial court to verify antecedents and act accordingly.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the petitioner’s ownership of the vehicle, without possession of the seized liquor, suffices to deny culpability

Legislation cited

Subjects

  • anticipatory bail
  • bail bond
  • liquor seizure
  • vehicle ownership
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Section 482(2) of B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80566 of 2025
                          Arising Out of PS. Case No.-54 Year-2025 Thana- Sinha District- Bhojpur
                 ======================================================
                 Ranjit Kumar @ Ranjit Yadav Son of Hoti Lal Ray Resident of Village- New
                 Jakkanpur, P.S.- Jakkanpur, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shashank Shekhar
                 For the Opposite Party/s :         Mr. Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   03-02-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that the

                   defects as pointed out by the office has been removed today by

                   filing supplementary affidavit along with typed copy of the

                   relevant pages. It is next submitted that petitioner has antecedent

                   of three case and allegation is of recovery of 164.4 litres of

                   liquor from a car. It is next submitted that petitioner was not

                   arrested from the spot as such nothing was recovered from his

                   conscious possession and he came to be implicated based on the

                   fact that he is owner of the seized vehicle. It is next submitted
Patna High Court CR. MISC. No.80566 of 2025(3) dt.03-02-2026
                                            2/3




          that no prudent person would use his own vehicle for

          committing an occurrence and thus would create evidence

          against himself and hence would get implicated. It is also

          submitted that the petitioner was completely unaware that Arya

          Guddu would misuse his vehicle in the manner as alleged, who

          was also apprehended from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.15,000/- (Rupees fifteen 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

          Sinha P.S. Case No.54/2025, subject to the conditions as laid

          down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

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

          three cases, in that event, it would be presumed that petitioner
             Patna High Court CR. MISC. No.80566 of 2025(3) dt.03-02-2026
                                                         3/3




                       had concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of three

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.

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

                       based on instruction submits that petitioner undertakes to

                       deposit an amount of Rs.5000/- with Lawyers’ Association,

                       Patna High Court within a period of two weeks from today.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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