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2026 DAILYLAW 23744 (PAT)

Ranjeet Kumar v. The State of Bihar

CR. MISC./43977/2026 · 2026-07-08

Harish Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43977 of 2026 Arising Out of PS. Case No.-33 Year-2026 Thana- MANSURCHAK District- Begusarai ====================================================== Ranjeet Kumar S/o Indradeo Mahto R/o vill- Havaspur, Ward No. 04, P.S.- Muffasil, Distt- Begusarai (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Sonam Kumari, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 08-07-2026 Heard Ms. Sonam Kumari, learned Advocate for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Mansoorchak P.S. Case No. 33/2026, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. Acting on a tip off regarding the storage and selling of foreign liquor from a pan factory, the police conducted raid however, noticing the police party, two persons succeeded in fleeing away, who were recognized as petitioner and co-accused Jitendra Kumar. In course of such, total 21.750 liters foreign liquor was recovered. 4. Learned Advocate for the petitioner submitted that from perusal of the FIR, it is evident that the alleged recovery Patna High Court CR. MISC. No.43977 of 2026(2) dt.08-07-2026 2/3 has been made from the godown of the pan factory which does not belong to the petitioner. However, only on account of the fact the petitioner bears one criminal antecedent of identical nature and resides nearby the factory. His name has been implicated in this case without there being any cogent materials suggesting his complicity in the crime. There is complete violation of Sections 103 and 105 of the BNSS as the members of the seizure list are none else but the police party besides no videography has been conducted. Moreover, there is no cogent materials which attracts the rigors provided under Section 76 of the Bihar Prohibition and Excise (Amendment) Act, 2022. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the petitioner was identified on the place of occurrence besides he bears one criminal antecedent of identical nature. 6. Having considered to the submissions advanced on behalf of the respective parties and considering the fact that the alleged recovery has been made from a godown of pan factory situated nearby to the house of the petitioner, coupled with the defiance with the statutory provisions of the BNSS as also lacking materials attracting the rigors provided under Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act, let Patna High Court CR. MISC. No.43977 of 2026(2) dt.08-07-2026 3/3 the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-2 (Excise Act), Begusarai in connection with Mansoorchak P.S. Case No. 33/2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner. siddharth kr. shaw/- (Harish Kumar, J) U T