Patna High Court
Ajay MusaharversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The Court held that anticipatory bail may be granted, subject to conditions, as the petitioner is not in conscious possession of the liquor and has no prior criminal record.
Summary
The petitioner, Ajay Musahar, sought anticipatory bail after being implicated in a case alleging recovery of 5 litres of country-made liquor from a motorcycle he owned, which was being driven by co-accused Sahjad Khan. He contended that the liquor was not in his conscious possession, that the bike was lent to the co-accused for his father's treatment, and that he has no criminal antecedents. The State opposed the bail, arguing the petitioner was the owner of the vehicle used in the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The Court, after considering the facts, granted anticipatory bail on the condition that if arrested within six weeks, the petitioner would be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to Section 482(2) of the B.N.S.S. The order reflects the Court's view that ownership alone does not constitute conscious possession of the contraband.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether mere ownership of the vehicle used in the alleged contravention is sufficient to implicate the petitioner.
- Whether the petitioner’s lack of criminal antecedents and claim of non‑possession justify the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- prohibition law
- excise
- illegal liquor
- vehicle ownership
- criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29176 of 2026
Arising Out of PS. Case No.-724 Year-2025 Thana- BIKRAMGANJ District- Rohtas
======================================================
Ajay Musahar, Son of Bihari Musahar, Resident of Village- Gopalpur, Ps-
Bikramganj, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Bikramganj P.S. Case No. 724 of 2025 dated 19.10.2025
instituted for the offence punishable under Sections 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Allegation is of recovery of total 5 litre country
made Liquor from a motorcycle bearing Reg. No. BR24AQ0805
which was being driven by co-accused, namely, Sahjad Khan.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is further submitted that nothing has been recovered
from the conscious possession of the petitioner rather the said
liquor was recovered from the possession of apprehended
Patna High Court CR. MISC. No.29176 of 2026(2) dt.06-05-2026
2/2
person. The petitioner has been made accused in this case only
on the basis that he is owner of the said motorcycle. It is further
submitted that the apprehended person took motorcycle from the
petitioner for treatment of his father and as such, the petitioner
has no concern with the said illicit liquor. Lastly, it has been
submitted that petitioner has no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has
opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioner within a period of
six weeks from today, in connection with Bikramganj P.S. Case
No. 724 of 2025, he will be released on bail upon furnishing bail
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Judge, Excise Court No. 1, Rohtas at Sasaram subject to
condition as laid down under Section 482(2) of the B.N.S.S.
(Khatim Reza, J)
premchand/-
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