Patna High Court

Ajit Lal GaneshversusThe State of Bihar

Decided: 23 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

The petitioner, Ajit Lal Ganesh, was implicated in a case under the Bihar Excise Act for allegedly possessing 300 ml of liquor recovered from his motorcycle. He argued that he had no knowledge of the liquor being in the vehicle and that he was not in possession at the time of seizure, emphasizing his clean criminal record. The State opposed his request for anticipatory bail. The Court considered the lack of direct possession, the petitioner’s clean antecedent, and the principle that ownership of a vehicle does not automatically imply culpability. It granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and ordered verification of his antecedent within six weeks. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the Bihar Excise Act and Section 482(2) of the BNSS.
Whether ownership of the vehicle used in the alleged offence constitutes sufficient grounds for denial of bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 482
vehicle ownership
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27104 of 2026
                     Arising Out of PS. Case No.-401 Year-2024 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Ajit Lal Ganesh Son of Nilkant Ganesh Resident Of Village -Pathamari,
                 Ganesh Tola, Palligaon PS- Pathamari Distirct- Kishanganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Bhola Prasad
                 For the Opposite Party/s :         Ms. Asha Devi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a),

                   32(3) and 37 of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 300 ml of liquor from a motorcycle.

                                4. Learned       counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.27104 of 2026(2) dt.23-04-2026
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          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          Sanju would misuse the vehicle in the manner as alleged who

          was also apprehended from the spot along with Jitendra Ganesh.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where

          the case is pending/successor court in connection with Madhya

          Nisedh Kishanganj P.S. Case No. 410 of 2024 subject to the

          conditions as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
            Patna High Court CR. MISC. No.27104 of 2026(2) dt.23-04-2026
                                                        3/3




                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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