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Patna High Court

Ranjit Kumar PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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