Patna High Court
Ranjan @ Ranjan Kumar @ Niraj Yadav @ Niranjan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that the petitioner is entitled to bail as the circumstances do not justify continued detention despite the alleged procedural lapse.
Summary
The petitioner, Ranjan Kumar, was arrested in connection with the seizure of 109.5 liters of liquor from two motorcycles and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he owned neither motorcycle and that no incriminating material was found in his possession, arguing that his arrest was based merely on suspicion and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was not complied with. The State opposed bail, citing the seriousness of the offence. The Court, considering the facts, the period of custody since 20‑10‑2025, and the petitioner’s antecedents, decided to grant bail subject to a bond of Rs.15,000 with two sureties and specific conditions regarding family surety and trial attendance. The bail order was issued with a provision that failure to appear on two consecutive dates could lead to cancellation of the bond.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the circumstances of arrest and custody.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- custody
- suspicion
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91439 of 2025
Arising Out of PS. Case No.-455 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Ranjan @ Ranjan Kumar @ Niraj Yadav @ Niranjan Yadav Son of Laldev
Rai Resident of Village- Dharharwa, P.S.- Chiraiya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Chiraiya P.S. Case No. 455 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 109.5 liters
liquor was recovered from two motorcycles and the petitioner
was arrested on spot.
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
Patna High Court CR. MISC. No.91439 of 2025(2) dt.19-01-2026
2/3
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner is not the
owner of any of the motorcycles in question. It is further
submitted that the petitioner has been arrested only on the basis
of suspicion. The petitioner is in custody since 20.10.2025 and
has got two criminal antecedents in which he is on bail. There is
no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP 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 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Chiraiya P.S. Case
No. 455 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 petitioner 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.91439 of 2025(2) dt.19-01-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…