Ranjan Yadav @ Ranjan Kumar Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Ranjan Yadav @ Ranjan Kumar Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory (pre-arrest) bail granted: petitioner to be released on bail in the event of arrest or surrender within four weeks, on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, Excise-I, Bettiah, West Champaran, in Nautan P.S. Case No. 481 of 2024, subject to Section 438(2) Cr.P.C. conditions; order to lose force automatically if any other case is pending contrary to paragraph 3 of the bail application.

Issue for consideration

Whether the petitioner, apprehending arrest in Nautan P.S. Case No. 481 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, is entitled to be released on pre-arrest (anticipatory) bail.

Court's answer

Considering the parties' submissions and that the petitioner is the driver but not the owner of the vehicle and has clean antecedents, the Court held he has prima facie made out a case to be released on pre-arrest bail.

Ratio / Principle

The basis of the prima facie finding was that the petitioner is the driver of the vehicle but not its owner, and that he has clean antecedents.

Key takeaways

The learned District Court is directed to release the petitioner on anticipatory bail in the event of his arrest or surrender within four weeks, on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, Excise-I, Bettiah, West Champaran, in Nautan P.S. Case No. 481 of 2024.ratio¶20
The anticipatory bail is subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio¶22
The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application.

Detailed headnote1 paragraphs

Anticipatory bail - Section 30(a), Bihar Prohibition and Excise Act - Nautan P.S. Case No. 481 of 2024, District West Champaran - FIR alleging recovery of 146.88 litres of illegal foreign liquor along with vehicle (Registration No. BR30C2111) - petitioner alleged to be the driver, not the owner, of the vehicle and claimed to have clean antecedents. Held, petitioner has prima facie made out a case for release on pre-arrest bail; the learned District Court directed to release him on anticipatory bail in the event of arrest or surrender within four weeks, on a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, Excise-I, Bettiah, subject to the conditions under Section 438(2) Cr.P.C.; District Court to verify the criminal antecedent stated in paragraph 3 of the bail application, failing which (if any other case is pending) the order will lose its force automatically. (Purnendu Singh, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2448 of 2025

Arising Out of PS. Case No.-481 Year-2024 Thana- NAUTAN District- West Champaran

======================================================

Ranjan Yadav @ Ranjan Kumar Yadav Son of Vikarama Yadav Resident of Village - Khaira Tola, P.S. - Nautan, District - West Champaran

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 15-02-2025

Heard Mr. Bimlesh Kumar Pandey, learned counsel

appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Nautan P.S. Case No. 481 of 2024 registered under Section 30(a) of Bihar Prohibition and Excise Act.

As per the allegation made in the FIR, altogether 146.88 liters of illegal foreign liquor was recovered alongwith vehicle bearing Registration No.BR30C2111 Chassis No.MA3EKE41S00390036 and Engine No.BI3BBN4681919.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case. He further submitted that nothing was recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.2448 of 2025(2) dt.15-02-2025 2/3

He has no concern either with the seized liquor or trade of liquor in any manner. The petitioner is alleged to be the driver of the said vehicle but not the owner of the same. The name of the petitioner has come in the case, merely on the basis of suspicion and due to enmity, Chowkidar of the village has disclosed the name of the petitioner. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on bail.

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

Considering the submissions made on behalf of the parties, as well as, the fact that the petitioner is the driver of the said vehicle but not the owner of the same and he is having clean antecedent, I am of the opinion that petitioner has, prima facie , made out a case to be released on pre-arrest bail.

The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/(Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Judge, Excise-I, Bettiah, West Champaran in connection with Nautan P.S. Case No. 481 of 2024, subject to the condition as laid down under

Patna High Court CR. MISC. No.2448 of 2025(2) dt.15-02-2025 3/3

Section 438(2) of the Cr.P.C.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J.)

Ashishsingh/-

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