Ranjeet Praad @ Ranjeet Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52267 of 2025 Arising Out of PS. Case No.-159 Year-2025 Thana- EKMA District- Saran ====================================================== Ranjeet Praad @ Ranjeet Prasad S/o Late Amrerika Prasad @ Ambika Prasad R/o vill - Rampur, Bindalal, P.S.- Ekma, Distt.- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :
Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Ekma P.S. Case No. 159 of 2025, dated 26.04.2025, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 27.900 litres of illicit foreign liquor has been made. Additionally, 20 litres of illicit country-made liquor were also recovered. These recoveries form the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that nothing has been recovered from the possession of the petitioner. The recovery was made from a public place. He
Patna High Court CR. MISC. No.52267 of 2025(2) dt.12-08-2025 2/3 also submits that the criminal antecedent of the petitioner is not clean, as there is one criminal case pending against him. However, that case pertains to the old Excise Act. Under the new Excise Act, there is no criminal case pending against the petitioner. He is an accused only in relation to a case prior to the enactment of the Bihar Prohibition and Excise (Amendment) Act, 2016.
5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that the criminal antecedent of the petitioner is prior to the enactment of the Bihar Prohibition and Excise (Amendment) Act, 2016.
6. As such, in the present facts and circumstances of this case, as well as considering the place of recovery, let the above-named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of 1st Exclusive Special Excise Court, Saran at Chapra, in connection with Ekma P.S. Case No. 159 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
7. It is further directed that the Trial Court shall verify
Patna High Court CR. MISC. No.52267 of 2025(2) dt.12-08-2025 3/3 the criminal antecedent of the petitioner, and in case it is found at any stage that the petitioner has concealed his criminal antecedent, the Trial Court shall take steps for cancellation of the petitioner's bail bond. However, the acceptance of the bail bond in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification. (Dr. Anshuman, J.) Aman Kumar/- U T