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Patna High Court

Ranjeet KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           3/3




                         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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