Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail is appropriate where the accused lacks conscious or constructive possession of the contraband and the alleged co‑accused have been apprehended.
Summary
Manish Kumar, the owner of an e‑rickshaw, applied for anticipatory bail after police seized 750 ml of illicit country‑made liquor from his vehicle in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner argued that he had no knowledge of or control over the liquor, as the vehicle was being used by the driver Wakil Ram on a commission basis and the liquor was recovered from the driver’s possession, not from the petitioner’s conscious or constructive possession. The State opposed the bail, contending the petitioner’s ownership linked him to the offence. The Court noted the absence of any liquor recovered from the petitioner’s possession, the apprehension of the driver, and the petitioner’s clean record, and therefore granted anticipatory bail subject to a bond and sureties. The bail is to be executed within four weeks before the lower court, with conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the owner of a vehicle from which illicit liquor was seized, when the liquor was not in his conscious or constructive possession.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- constructive possession
- Bihar Prohibition and Excise Act
- Section 482(2) B.N.S.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17708 of 2026
Arising Out of PS. Case No.-486 Year-2024 Thana- DINARA District- Rohtas
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Manish Kumar Son of Bahadur Singh Resident of Village- Majhauli, P.S.-
Dinara, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Dinara P.S. Case No.486 of 2024, F.I.R dated
24.11.2024 registered for the offences punishable under
Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. As per the prosecution case, on the basis of secret
information, the police seized an e-rickshaw, of which the
petitioner is the owner, and apprehended two persons, namely,
Wakil Ram (driver) and Haridwar Paswan, and recovered a total
of 750 ml of country-made liquor from the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and is in no way connected with the seized
liquor. The name of the petitioner has surfaced only on the
ground that he is the owner of the vehicle in question; however,
as a matter of fact, the vehicle was being driven by the co-
accused, Wakil Ram and Haridwar Paswan, from whose
Patna High Court CR. MISC. No.17708 of 2026(2) dt.25-03-2026
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possession the illicit liquor has been recovered. They have been
apprehended on the spot. It is further submitted that the
petitioner had given his vehicle to Wakil Ram for earning his
livelihood on a commission basis. There has been no recovery
of liquor from the conscious or constructive possession of the
petitioner. Lastly, it is submitted that the petitioner has no
criminal antecedents.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Having regard to the submissions made by the
parties, and taking into consideration the fact that illicit liquor
has not been recovered from the conscious or constructive
possession of the petitioner, and that the person who was driving
the vehicle has already been apprehended, this Court is inclined
to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, Court No.1, Rohtas at
Sasaram, in connection with Dinara P.S. Case No.486 of 2024,
Patna High Court CR. MISC. No.17708 of 2026(2) dt.25-03-2026
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subject to the condition as laid down under Section 482(2) of
the B.N.S.S., 2023.
(Ajit Kumar, J)
shikha/-
U T
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