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Patna High Court

Ganesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioners, directing them to furnish a bond of Rs 10,000 each with two sureties.

Summary

The petitioners, Ganesh Kumar and Ravi Shankar Kumar, were arrested in connection with an Excise case (Case No. 34 of 2026) for alleged possession of 181.44 litres of illicit foreign liquor seized from a Bolero vehicle. They contended that they were innocent, that the driver was Ganesh Kumar and the other was merely a friend, and that no liquor was found in their possession. They argued that the police seizure violated Section 105 of the Bihar Narcotic Substances Act and highlighted their lack of criminal antecedents and continued judicial custody since 13‑02‑2026. The State opposed bail, but the Court, after hearing both sides, found the petitioners’ arguments persuasive and ordered that they be released on bail. Each petitioner was required to furnish a bail bond of Rs 10,000 with two sureties each, subject to the satisfaction of the Exclusive Special Judge, Excise Court No. II, Bhojpur.

Issues considered

  • Whether bail should be granted to the accused in an offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.
  • Whether the seizure of the illicit liquor complied with the procedural requirements of Section 105 of the Bihar Narcotic Substances Act.
  • Whether the petitioners pose a risk of fleeing, tampering with evidence, or committing further offences.

Legislation cited

Subjects

  • bail
  • excise law
  • illicit liquor
  • Section 30(a)
  • police seizure
  • Section 105
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25799 of 2026
                       Arising Out of PS. Case No.-34 Year-2026 Thana- Excise P.S. District- Bhojpur
                 ======================================================
           1.     Ganesh Kumar Son of Kailash Sah Resident of Vill.- Narayanpur Derhpur,
                  P.S.- Mahnar, Dist.- Vaishali.
           2.    Ravi Shankar Kumar Son of Ram Gulam Singh Resident of Vill.-
                 Narayanpur Derhpur, P.S.- Mahnar, Dist.- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rajani Ranjan Pd. Singh, Advocate
                 For the Opposite Party/s :         Mrs. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-04-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for bail in connection

                   with Excise (Ara) P.S. Case No. 34 of 2026 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   & Excise Act.

                                3.The case of the prosecution, in short, is that from a

                   Bolero vehicle, altogether 181.440 liters of illicit foreign liquor

                   were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioners has submitted that petitioners are innocent and have

                   committed no offence. They have been falsely implicated in this

                   case. He also submits that petitioner no. 1 is the driver of the said
           Patna High Court CR. MISC. No.25799 of 2026(2) dt.18-04-2026
                                                       2/2




                     Bolero vehicle, whereas petitioner no. 2 is the friend of petitioner

                     no. 1. He further submits that nothing has been recovered from the

                     possession of the petitioners. They are unaware of the illicit liquor

                     being kept in the said vehicle. The witnesses of the seizure list are

                     police personnel and the police has not complied with Section 105

                     of the BNSS while making the seizure. Moreover, a statement has

                     been made in para 3 of the petition that petitioners have no

                     criminal antecedent and they are languishing in judicial custody

                     since 13.02.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioners on bail.         The above named

                     petitioners are directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) each with two

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

                     Exclusive Special Judge, Excise Court No. II, Bhojpur at Ara in

                     connection with Excise (Ara) P.S. Case No. 34 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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