Patna High Court
Ganesh Kumar @ MannaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioners.
Summary
The petitioners, Ganesh Kumar and Vikram Kumar, were drivers of a vehicle from which 324 litres of illicit foreign liquor was seized, leading to charges under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They contended that they had no knowledge of the contraband, were not in possession of it, and that the seizure list lacked an independent witness and failed to comply with Section 105 of the BNSS. The State opposed their bail application, arguing the seriousness of the offence. After hearing both sides, the Patna High Court found that the petitioners’ lack of direct involvement and the procedural irregularities warranted the grant of regular bail. The court ordered their release on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Exclusive Excise Court.
Issues considered
- Whether the drivers can be granted regular bail despite alleged involvement in possession of illicit liquor under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the failure to comply with Section 105 of the BNSS in preparing the seizure list affects the bail decision.
- Whether the absence of an independent witness and the petitioners' claim of no knowledge constitute sufficient grounds to deny bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- BNSS — s. 105
Subjects
- bail
- excise
- illicit liquor
- drivers
- procedural lapse
- seizure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28462 of 2026
Arising Out of PS. Case No.-526 Year-2026 Thana- Excise P.S. District- Jamui
======================================================
1. Ganesh Kumar @ Manna S/O Palo Shankar Lal R/O Village- Hanuman
Nagar, P.S- Sector- 12, Bokaro Steel City Chas, Disrtict- Bokaro, Jharkhand.
2. Vikram Kumar S/O Santosh Kumar Sah R/O Village- Teliyadih, P.S- Pindra,
Distt.- Bokaro.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Ankita Kumari, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 30(a)
and 32(3) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a car,
altogether 324 liters illicit foreign liquor was recovered.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that nothing
has been recovered from the possession of the petitioners. They
are merely driver and co-driver respectively of the said car.
Patna High Court CR. MISC. No.28462 of 2026(2) dt.05-05-2026
2/2
They were having no information regarding the alleged
consignment and they have no concern with the alleged
recovery. There is no independent witness of the seizure list
rather they are police personnel and police has not complied
Section 105 of BNSS while preparing the seizure list. Moreover,
they are languishing in judicial custody since 25.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Jamui Excise P.S. Case No. 526 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Excise
Court No. II, Jamui.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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