Patna High Court
Ganesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 105
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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