Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38924 of 2026 Arising Out of PS. Case No.-376 Year-2021 Thana- KONCH District- Gaya ====================================================== 1.
Ranjan Kumar S/o Kishori Saw @ Kishori Kumar Gupta R/o Village - Amra Bigha, P.S - Konch, District - Gaya 2.
Niraj Kumar @ Angura Singh S/o Arvind Singh @ Manna Singh R/o Village - Rauna Tola Shanar Bigha, P.S - Konch, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Kumar Singh For the Opposite Party/s :
Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-06-2026 1.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
2.
The petitioners apprehend their arrest in a case registered for the offences punishable under Section 411 of IPC and Section 30(a) of the Bihar Excise Act.
3.
Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of three cases under the Excise Act and petitioner no. 2 has antecedent of two cases out of which one case is under the Excise Act and allegation is of recovery of 20 litres of liquor from a motorcycle. 4.
Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.38924 of 2026(2) dt.18-06-2026 2/3 recovered from their conscious possession and are not the owner of the seized vehicle and they came to be implicated based on confessional statement of Sikandar in police custody which does not have any evidentiary value. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation. 5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Konch P.S. Case No. 376 of 2021 subject to the conditions as laid down under Section 482(2) of the BNSS.
7.
It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioner no. 1 has antecedent of more
Patna High Court CR. MISC. No.38924 of 2026(2) dt.18-06-2026 3/3 than three cases and petitioner no. 2 has antecedent of more than two cases then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioner no. 1 has antecedent of three cases and petitioner no. 2 has antecedent of two cases in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Sumit/- U T