Patna High Court
S.K. Mustaf Manik @ Seikh Mustaf ManikversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, holding that he had no knowledge or constructive possession of the illicit liquor.
Summary
The petitioner, S.K. Mustaf Manik, is the owner of a Bolero pick‑up van from which 846.72 litres of illicit foreign liquor were seized in a case under the Bihar Excise and Prohibition Act. He contends that the vehicle was hired to the driver, Bablu Miya, and that he had no knowledge of the illegal cargo, asserting his innocence and clean antecedent. The State opposes his bail, arguing that ownership of the vehicle links him to the offence. The Court examined whether the petitioner had constructive possession or knowledge of the contraband and found none, deeming him not connected to the seized liquor. Consequently, the Court exercised its power under Section 482(2) of the BNSS to grant anticipatory bail, subject to standard conditions and a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the owner of a vehicle used for transporting illicit liquor can be held liable in the absence of knowledge or constructive possession.
- Whether anticipatory bail can be granted under Section 482(2) of the BNSS in such circumstances.
Legislation cited
- Bihar Excise and Prohibition Act — s. 30(a)
- Bihar Negotiable Sale and Settlement (BNSS) Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- vehicle ownership
- constructive possession
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34023 of 2026
Arising Out of PS. Case No.-435 Year-2025 Thana- Excise P.S. District- Darbhanga
======================================================
S.K. Mustaf Manik @ Seikh Mustaf Manik Son of Ataur Manik @ Sk. Ataur
Manik Resident of Village - Radhaballav Chak, P.S.- Mahadole, District -
East Midnapore, West Bengal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mili Kumari, Adv.
For the Opposite Party/s : Mr.Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Sadar Excise P.S. Case No. 435 of 2025
registered on 05.11.2025 for the offence punishable under
sections 30(a) of the Bihar Excise and Prohibition Act.
3. As per the prosecution case, there has been
recovery of 846.72 litres of illicit foreign liquor, allegedly, from
a Bolero Pick-up van bearing Reg. No. BR05GB-6138.
Accordingly, the FIR.
4. Learned counsel for the petitioner submits that the
recovery is said to have been made from a Bolero Pick-up van
bearing Reg. No. BR05GB-6138 and the driver of the said
vehicle, namely, Bablu Miya and one another co-accused, Sahil
Ahamad were apprehended for importing the said illicit foreign
Patna High Court CR. MISC. No.34023 of 2026(2) dt.25-05-2026
2/3
liquor. Learned counsel for the petitioner next submits that this
petitioner is the owner of the vehicle and he had given it on hire
basis to the driver and hence, he had no knowledge as to what
was being carried out by the driver, Bablu Miya and co-accused,
Sahil Ahamad. The petitioner is in no way connected with the
seized articles. The petitioner is an innocent and has been
implicated in this case merely on the basis that he is the owner
of the bolero pick-up van and he has got no criminal antecedent.
5. Learned APP opposes the prayer submitting that
the recovery of illicit liquor is said to have been made from the
vehicle and the petitioner is the owner of the vehicle.
6. Considering the fact that the recovery has not been
made from the constructive possession of this petitioner and he
being the owner of the vehicle was not aware that it was being
misused by carrying illicit liquor, he is in no way connected to
the seized article and has got clean antecedent, this Court is
inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of learned Special Judge, Excise- 1 st
Patna High Court CR. MISC. No.34023 of 2026(2) dt.25-05-2026
3/3
Darbhanga in connection with aforesaid PS Case, subject to the
conditions as laid down under Section 482(2) of the BNSS as
well as the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his bail bond by
the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Ajit Kumar, J)
perwez
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