Patna High Court
Ranjeet Ray @ NariyalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioners subject to a bail bond, sureties and the condition of surrender within six weeks.
Summary
The petitioners, Ranjeet Ray and Abhinay Kumar, sought anticipatory bail in connection with a case (PS‑767/2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for possession of illicit country‑made liquor. The prosecution’s case relied on recovery of 30 litres of liquor from a public place and statements of unnamed nearby persons, but the FIR did not name these informants and no incriminating article was found on the petitioners. The petitioners argued that the FIR was unauthenticated, the seizure was made in an open area accessible to all, and there was no material linking them to the offence. The State opposed anticipatory bail, contending that the petitioners were named accused in the FIR. After considering the lack of direct evidence, the court held that the petitioners could be released on anticipatory bail if they surrendered within six weeks and furnished a bail bond with sureties, subject to conditions under Section 482(2) of the CrPC. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted when the FIR lacks specific informant details and no direct evidence links the accused to the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the absence of a seizure list and the open nature of the recovery site preclude the attachment of liability to the petitioners.
- Whether the conditions prescribed under Section 482(2) of the Criminal Procedure Code are applicable in granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure Code
- FIR
- seizure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9365 of 2026
Arising Out of PS. Case No.-767 Year-2025 Thana- CHAPRA TOWN District- Saran
======================================================
1. Ranjeet Ray @ Nariyal S/o Bali Ray R/o Mohalla - Rupganj, P.S - Saran
Town, District - Saran
2. Abhinay Kumar @ Nariyal S/o Parshuram Chaudhary R/o Mohalla -
Rupganj, P.S - Saran Town, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shekhar Harshvardhan, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Chapra Town P.S. Case No. 767 of 2025
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per prosecution case, 30 litre country made
chulai liquor was recovered from plastic sac and nearby people
disclosed the name of the petitioners who fled away from the
place of occurrence.
4. Learned counsel for the petitioners submits that
the petitioner is quite innocent and has committed no offence as
Patna High Court CR. MISC. No.9365 of 2026(2) dt.19-02-2026
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alleged in the FIR. From perusal of the F.I.R., it appears that
source of information is nearby people but the specific names of
nearby people have not been mentioned in the FIR, which
questions the authenticity of the FIR. Except disclosure of
nearby people, there is nothing on record to demonstrate the
complicity of the petitioners with the alleged occurrence. He
further submits that place of recovery is an open place which is
accessible to all and hence, petitioners cannot be held liable for
the alleged recovery. Seizure list has not been made as per law.
Petitioners were not found at the place of occurrence. The
petitioners have nothing to do with the alleged recovery. No
incriminating article has been recovered from the conscious
possession of the petitioners. In the light of the aforesaid facts
and circumstances of the case, no case is made out against the
petitioners under the provisions of Bihar Prohibition and Excise
Act. Petitioners bear criminal antecedent of two cases each and
learned counsel orally submits that petitioners are on bail on the
said cases.
5. The learned A.P.P. for the State opposed the
prayer for anticipatory bail of the petitioners and submits that
petitioners are FIR named accused persons and hence, they
cannot escape from the allegation made in FIR.
Patna High Court CR. MISC. No.9365 of 2026(2) dt.19-02-2026
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6. Considering the facts and circumstances of the
case, petitioners were not found at the place of occurrence,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioners
above-named, in the event of their arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge -cum – Exclusive Special Court, Excise Act – 1, Saran at
Chapra in connection with Chapra Town P.S. Case No. 767 of
2025, subject to the conditions as laid down under Section
Section 482 (2) of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
amitkumar/-
U T
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