Patna High Court
Gangaram MinaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail.
Summary
Gangaram Mina, a driver, was arrested in connection with the seizure of 853.560 litres of illicit foreign liquor from a vehicle, facing charges under several sections of the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act. He contended that he was unaware of the liquor, mistaking it for urea, and that the police had not complied with Section 105 of the B.N.S.S. during the seizure. The State opposed his request for regular bail, citing the seriousness of the offences. The court examined the petitioner’s claim of innocence, lack of prior criminal record, and the alleged procedural irregularities in the seizure. Considering these factors, the court decided to grant regular bail, subject to a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 274, 275, 317(5), 318(4), 336(3), 338, 340(2)
Subjects
- regular bail
- illicit liquor
- excise law
- procedural lapse
- driver
- criminal antecedent
- seizure
- Section 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21436 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- MANIYARI District- Muzaffarpur
======================================================
Gangaram Mina, S/o Motilal Mina, Resident of village- Hiriwali, P.S.- Chhoti
Sadri, Dist - Pratapgarh, Rajasthan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jaspal Rana, Advocate
For the Opposite Party/s : Mr.Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 317(5),
318(4), 336(3), 338, 340(2), 274 and 275 of B.N.S. and Section
30 (a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from a
vehicle, altogether 853.560 liters of illicit foreign liquor was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. He is driver of the vehicle.
He was unaware of the liquor being kept in the vehicle. He
believed that the same is urea as the liquor was put beneath the
Patna High Court CR. MISC. No.21436 of 2026(2) dt.06-04-2026
2/2
urea bags. It has further been submitted that the witnesses of the
seizure list are police personnel. Police has not complied
Section 105 of the B.N.S.S. while making the seizure. Nothing
has been recovered from his possession. P etitioner is having no
criminal antecedent and he is languishing in judicial custody
since 22.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Maniyari P.S. Case No. 32 of 2026 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-II, Muzaffarpur.
(Ashok Kumar Pandey, J)
lata/-
U T
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