Patna High Court
Rajeev Ranjan @ Raju Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of antecedents, confirming it if the petitioner has at most five prior cases and refusing confirmation if more.
Summary
The petitioner, Rajeev Ranjan Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 700 litres of liquor were allegedly recovered from a house belonging to Asha Devi, not the petitioner. He argued that the recovery was based solely on Asha Devi's confessional statement made in police custody, which he claimed lacked evidentiary value, and that he had no ownership or relationship with the premises. The State opposed the bail, contending the seriousness of the offence and the petitioner’s prior five cases under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than five prior cases are found, the bail would not be confirmed; if exactly five, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether a confessional statement made by a co‑accused in police custody can be the sole basis for implicating the petitioner.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- confessional statement
- criminal antecedents
- Section 30(a)
- Section 482(2) CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80853 of 2025
Arising Out of PS. Case No.-519 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Rajeev Ranjan @ Raju Ranjan Kumar Son of Sita Ram Manjhi R/o Village-
Dhenuki, P.S.- MNarhowrah, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok
For the Opposite Party/s : Ms. Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-01-2026 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
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 700 litres of liquor from the house of
Asha Devi. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and even alleged recovery is from a house which
does not belong to the petitioner and petitoiner has no concern
or relation with Asha Devi and he came to be implicated based
on confessional statement of Asha Devi in police custody which
Patna High Court CR. MISC. No.80853 of 2025(2) dt.17-01-2026
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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 through chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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.25,000/- (Rupees twenty 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
Marhowrah P.S. Case No.519/2025, 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
five cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.80853 of 2025(2) dt.17-01-2026
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provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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