Patna High Court
Subrato GhoshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, holding that his role as driver and lack of criminal antecedent warranted release on bond.
Summary
The petitioner, Subrato Ghosh, was arrested as the driver of a pickup van from which 378 litres of foreign liquor was seized under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no involvement in the alleged offence and that there was no independent witness to the seizure, arguing that the mandatory provisions of search and seizure were not complied with. The petitioner also highlighted his clean criminal record and that he had been in custody since 1 March 2026. The State opposed the bail application. Considering that the petitioner was merely a driver, had no antecedents, and the evidentiary gaps, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether a driver of a vehicle from which prohibited liquor is seized can be held liable under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioner is entitled to bail given the circumstances of the seizure and his personal background
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- liquor seizure
- driver liability
- search and seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35795 of 2026
Arising Out of PS. Case No.-70 Year-2026 Thana- PIPRA District- Supaul
======================================================
Subrato Ghosh S/o Subodh Ghosh Resident of Village- Champa Sarif, P.S.-
Main Town, District- Darjiling, West Bangal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned
APP for the State, through virtual mode.
2. A prayer for bail has been made on behalf of the pe-
titioner in connection with Pipra P.S. Case No. 70 of 2026, reg-
istered under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. 378 litres of foreign liquor was recovered from a
pickup van bearing Registration No. BR06CE3742.
4. Learned counsel for the petitioner submits that peti-
tioner has been implicated in the case only for the reason that he
was the driver of the said vehicle. He has no concern with the
alleged recovery. Further, there is no independent witness to the
seizure list indicating violation of mandatory provisions of search
and seizure. The petitioner has no criminal antecedent and he is in
Patna High Court CR. MISC. No.35795 of 2026(2) dt.08-06-2026
2/2
custody since 01.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering that petitioner is
merely a driver of the said vehicle and has no criminal an-
tecedent, the petitioner is directed to be enlarged on bail in con-
nection with Pipra P.S. Case No. 70 of 2026, on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned Court
concerned where the case is pending/successor Court.
(Soni Shrivastava, J)
Harsh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.