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Patna High Court

Ganesh Kumar Yadav @ Ganesh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Anticipatory bail was granted subject to surrender/arrest within six weeks and the furnishing of a bail bond with two sureties under Section 482(2) of the CrPC.

Summary

Ganesh Kumar Yadav applied for anticipatory bail after a seizure of 1.875 litres of foreign liquor from a motorcycle he owned, which was being driven by his son, Krishna Mohan Prasad Yadav, who was arrested on the spot. The petitioner claimed he had no possession of the liquor and was falsely implicated solely on ownership of the vehicle. The State opposed the bail, arguing the petitioner could be liable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The Court considered the facts, the petitioner’s clean record, and the lack of direct possession, and ordered that if the petitioner is arrested or surrenders within six weeks, he shall be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to Section 482(2) of the CrPC. The order effectively granted anticipatory bail with conditions.

Issues considered

  • Whether ownership of a vehicle used in the commission of an offence under the Bihar Prohibition and Excise Act makes the owner liable for the offence.
  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • What conditions, if any, should be imposed on the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • foreign liquor
  • ownership liability
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29194 of 2026
                   Arising Out of PS. Case No.-60 Year-2025 Thana- Excise Benipatti District- Madhubani
                 ======================================================
                 Ganesh Kumar Yadav @ Ganesh Yadav, S/o- Faudar Yadav, Resident of
                 Village- Manpaur, Ward no- 01, Police Station-Benipatti, District- Madhubani
                                                                             ... ... Petitioner/s

                                                         Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md Soban Asghar, Advocate
                 For the Opposite Party/s :        Mr. Parmanand Kumar, 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

                   Benipatti Excise P.S. Case No. 60 of 2025 dated 16.04.2025

                   instituted for the offence punishable under Sections 30(a), 32(3)

                   of Bihar Prohibition and Excise Act.

                                3. Allegation is of recovery of total 1.875 litre foreign

                   Liquor from a motorcycle bearing Reg. No. BR06AT9817

                   which was being driven by co-accused person, namely, Krishna

                   Mohan Prasad Yadav.

                                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. Co-accused,
           Patna High Court CR. MISC. No.29194 of 2026(2) dt.06-05-2026
                                                       2/2




                     namely, Krishna Mohan Prasad Yadav, who happens to be the

                     son of the petitioner, was arrested on the spot along with the

                     said motorcycle. The petitioner has been made accused in this

                     case only on the basis that he is owner of the said motorcycle.

                     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 Benipatti Excise P.S.

                     Case No. 60 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 Act, Madhubani subject to condition as

                     laid down under Section 482(2) of the B.N.S.S.


                                                                      (Khatim Reza, J)

premchand/-

U      T


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