Patna High Court
Ranjit Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail must be granted to the petitioners, subject to monetary and procedural conditions, as the prosecution failed to establish a strong case against them.
Summary
The petitioners, Ranjit Kumar Pandey and Vishal Raj, were arrested in connection with a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act for alleged possession of 1987.2 litres of foreign liquor recovered from vehicles parked at a house. They claimed innocence, stating they neither owned nor drove the vehicles and that the police had implicated them with ulterior motive, and highlighted the lack of incriminating material in their possession and non‑compliance with Section 103 of the BNSS, 2023. The State opposed bail. Considering the facts, the period of custody already served, and the absence of direct evidence against them, the Court inclined to grant bail. Petitioner No.1 was released on bail; Petitioner No.2 was ordered to be released after charge framing upon furnishing bail bonds of Rs.15,000 with two sureties, subject to conditions of family surety and regular court appearances. The bail order was conditioned on cancellation if the petitioners default on two consecutive appearances.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act in view of the facts and custody period.
- Whether the non‑compliance with Section 103 of the BNSS, 2023, warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- foreign liquor
- Section 103 BNSS
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.856 of 2026
Arising Out of PS. Case No.-901 Year-2025 Thana- FATUA District- Patna
======================================================
1. Ranjit Kumar Pandey S/o Sri Shiv Prasan Pandey R/o Village- Bhada, ward
no 3, PS- Bagen Gola, District- Buxar
2. Vishal Raj S/o Sri Uma Shankar Pandey R/o Mohalla - Adarsh Colony, P.S.-
Malsalami, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Adv.
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with Fatuha PS
Case No. 901 of 2025 instituted for the offences under Sections
30(a) & 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 1987.2 liters of
foreign liquor was recovered from the oil tanker, car and
motorcycle parked in the house.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.856 of 2026(2) dt.19-01-2026
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got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners submit that the petitioners are neither
the driver nor the owner of the said vehicles in question and
they were implicated in this case by the police with ulterior
motive. The petitioners are in custody since 06.12.2025 and
have got one criminal antecedent. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner no. 1 be released on bail and
petitioner no. 2, after framing of charge, if not already framed,
on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Fatuha PS Case No.
901 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioners shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.856 of 2026(2) dt.19-01-2026
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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