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Patna High Court

Ranjeet Kumar @ Ranjeet MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding the circumstances sufficient for release on condition of a bond and sureties.

Summary

The petitioner, Ranjeet Kumar, was arrested in connection with the recovery of 155.490 litres of liquor from a pickup vehicle and charged under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the goods, was not the owner or driver, and that no incriminating material was found in his possession, emphasizing his clean criminal record. The State opposed the bail application, while the petitioner’s counsel highlighted that a co‑accused had already been granted bail and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. After considering the facts, the court found the petitioner’s claim of innocence credible and noted the period of custody already served. Consequently, the court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 affects the bail decision
  • Whether the petitioner’s lack of prior criminal record and the bail granted to a co‑accused warrant release on bail

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • liquor seizure
  • criminal procedure
  • Section 103
  • no prior record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9793 of 2026
                       Arising Out of PS. Case No.-837 Year-2025 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Ranjeet Kumar @ Ranjeet Mahto S/o Badshah Mahto @ Badashah Mahato
                 R/o Village- Bavanbara, P.S- Barhariya, Dist- Siwan.
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kumari Anupam, Advocate
                 For the Opposite Party/s :        Mr.Abhay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Siwan

                   Sadar P.S. Case No. 837 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 47 of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that 155.490 liters

                   liquor was recovered from the Pick-up vehicle.

                                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. Learned counsel

                   further submitted that the petitioner was neither owner nor
           Patna High Court CR. MISC. No.9793 of 2026(2) dt.13-02-2026
                                                       2/2




                     driver of the vehicle and he has no knowledge regarding nature

                     of goods loaded on the vehicle. The petitioner is in custody

                     since 30.11.2025 and has got no criminal antecedent. Learned

                     counsel for the petitioner further submits that other co-accused

                     has been granted bail by this Bench vide order dated 19.01.2026

                     passed in Cr. Misc. No. 1861 of 2026. 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 Siwan Sadar P.S.

                     Case No. 837 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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