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Patna High Court

S.K. Mustaf Manik @ Seikh Mustaf ManikversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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

U      T


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