Patna High Court
Ganesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
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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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