Patna High Court
Ranjeet Saw @ Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Ranjeet Saw, was arrested in connection with a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act after 80 litres of liquor were recovered from his jointly occupied house. He contended that he had no direct possession of the liquor, no criminal antecedents, and that the recovery was from a family residence, not his exclusive control. The prosecution opposed bail, relying on the alleged contravention of the Act. The court noted the petitioner’s clean record, lack of incriminating material in his personal possession, and the fact that Section 103 of the BNSS, 2023 had not been complied with. Considering these factors, the court granted bail on a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act given the circumstances of recovery and lack of personal possession.
- Whether the non‑compliance with Section 103 of the BNSS, 2023 bars the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal procedure
- clean antecedent
- joint house
- Section 103 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90956 of 2025
Arising Out of PS. Case No.-427 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Ranjeet Saw @ Rakesh Kumar S/o Rajo Saw Resident of Village- Sherpur,
P.S.- Sirdalla, District- Nawada,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Sirdalla PS Case No. 427 of 2025 instituted for the offences
under Section/s 30(a) & 41 of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 80 liters
liquor was recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.90956 of 2025(2) dt.12-01-2026
2/2
that recovery is made from the joint house of the petitioner,
where other family members also reside. The petitioner is in
custody since 27.11.2025 and has got no criminal antecedent/s.
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 petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner and the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail 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 Sirdalla PS Case
No. 427 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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