Patna High Court
Ranjeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to bond, sureties, and verification of antecedent.
Summary
The petitioner, Ranjeet Kumar, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging recovery of 65 litres of liquor from a hut not belonging to him. He asserted a clean criminal record and that the liquor was not found in his possession, and that his name was omitted from the FIR. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on a bond of Rs.500 with two sureties, subject to Section 482(2) of the B.N.S.S. and a verification of the petitioner’s antecedent by the trial court. The order stipulated that if any prior case is found, the bail would be cancelled; otherwise, it would be confirmed. The petitioner was also directed to deposit Rs.1,500 with the Advocates’ Association within two weeks.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the petitioner’s clean antecedent and lack of possession of the alleged liquor justify granting anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- liquor possession
- clean antecedent
- provisional bail
- Section 482(2)
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89837 of 2025
Arising Out of PS. Case No.-392 Year-2025 Thana- GARDANIBAG District- Patna
======================================================
Ranjeet Kumar Son of Late Umesh Rai @ Umesh Roy Resident of Gautam
Nagar, Janta Raod, Near Navrangi School, P.O. and P.S. - Gardanibagh, Dist. -
Patna(Bihar), 800001.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
Mr. Roushan Kumar, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 65 litres of liquor from a hut at Yarpur. 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 place which does not belong to the
petitioner and he came to be implicated at the instance of local
person but then name of the person who disclosed the name of
Patna High Court CR. MISC. No.89837 of 2025(2) dt.30-01-2026
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the petitioner is not disclosed in the FIR, which casts an
aspersion on the case of the prosecution, when petitioner
admittedly is a person with clean antecedent.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Special Excise
Judge-01, Patna in connection with Gardanibagh P.S. Case
No.392 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.89837 of 2025(2) dt.30-01-2026
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in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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