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Patna High Court

Ganesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

Ganesh Kumar was arrested on 22 February 2026 in connection with the seizure of 195 litres of illicit foreign liquor, alleged to be in violation of Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act. He applied for bail, contending that he has a clean antecedent, was not in conscious possession of the liquor, and was implicated only because he owned the vehicle from which the liquor was recovered. The prosecution opposed bail. The court noted the petitioner’s clean record, the lack of direct possession, and the alleged non‑compliance of Sections 103/105 of the BNSS, 2023, and consequently ordered his release on bail subject to a bond of Rs.10,000 with two sureties and several conditions regarding trial cooperation, non‑tampering of evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to a person accused under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act when the alleged contraband was recovered from a vehicle he owned but not from his conscious possession.
  • Whether non‑compliance of Sections 103/105 of the BNSS, 2023, warrants denial of bail.
  • Whether the petitioner’s clean antecedent and lack of direct involvement justify bail despite the seriousness of the offence.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • vehicle ownership
  • non‑possession
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22331 of 2026
                   Arising Out of PS. Case No.-204 Year-2026 Thana- EXCISE PALIGANJ District- Patna
                 ======================================================
                 Ganesh Kumar Son of Ram Binay Mistri Resident of - Indira Nagar, Ward
                 No.- 03, Gali No. 04, P.S.- Paliganj, Dist.- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar, Advocate
                 For the Opposite Party/s :       Mr. Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-04-2026                    Heard Mr. Pramod Kumar, learned counsel for the

                   petitioner and Mr. Awadhesh Kumar Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   22.02.2026 in connection with Excise Paliganj P.S. Case No.

                   204 of 2026, F.I.R. dated 21.02.2026 for the offences punishable

                   under Sections 30(a) and 56(b) of the Bihar Prohibition and

                   Excise Act.

                               3. Recovery is of 195 liters of illicit foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that it appears

                   from the F.I.R. as well as seizure list that nothing has been

                   recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.22331 of 2026(2) dt.06-04-2026
                                            2/3




          the recovery has been made from vehicle in question. He further

          submits that the petitioner has no concern at all with the alleged

          recovery of the illicit liquor and he has been made accused in

          the present case merely on the ground that he is owner of the

          said vehicle. He further submits that there is non-compliance of

          Section 103/105 of the BNSS, 2023. The petitioner is in custody

          since 22.02.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, he has been made

          accused merely on the ground that he is owner of the vehicle in

          question and there is non-compliance of Section 103/105 of the

          BNSS, 2023, let the petitioner, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned Special Excise Judge, Danapur in connection with

          Excise Paliganj P.S. Case No. 204 of 2026, subject to the

          following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court and
            Patna High Court CR. MISC. No.22331 of 2026(2) dt.06-04-2026
                                                        3/3




                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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