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Patna High Court

Bashist RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the vehicle owner, lacking knowledge and constructive possession of the illicit liquor, is entitled to anticipatory bail.

Summary

Bashist Rai, the owner of a Scorpio vehicle, was implicated in a case where 69.120 litres of illicit liquor were seized from the vehicle. He applied for anticipatory bail, arguing that the driver, Ranjeet Kumar, was solely responsible for the possession of the liquor and that Rai had no knowledge of the contraband. The State opposed the bail, contending that the liquor was recovered from Rai's vehicle. The court examined the facts, noting the absence of constructive possession by Rai, the driver’s independent actions, and Rai’s clean antecedent. Relying on these considerations, the court granted anticipatory bail with a bond and specific conditions. The order directs that Rai be released on bail if arrested within six weeks, subject to compliance with the stipulated conditions.

Issues considered

  • Whether the owner of a vehicle can be granted anticipatory bail when illicit liquor is seized from the vehicle driven by another person.
  • Whether the owner can be said to have constructive possession of the seized contraband.

Legislation cited

Subjects

  • anticipatory bail
  • constructive possession
  • excise law
  • illicit liquor
  • vehicle ownership
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35867 of 2026
                  Arising Out of PS. Case No.-69 Year-2025 Thana- EXCISE MAHAMMADPUR District-
                                                        Gopalganj
                 ======================================================
                 Bashist Rai Son of Akhilesh Kumar R/o Village - Shahariya, P.S. - Deshri,
                 Dist. - Vaishali.
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Lal Babu Prasad, Advocate
                 For the Opposite Party/s :      Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   21-05-2026                       Heard learned counsel for the petitioner and learned

                   APP for the State through virtual mode.

                                2. As requested by the counsel for the petitioner, two

                   weeks’ time is granted to remove the defect/s, as pointed out by

                   the Office.

                                3. The petitioner is apprehending his arrest in

                   connection with Mahmadpur P.S. Case No. 69 of 2025 for the

                   offence punishable under sections 30(a) and 32 (c) of the Bihar

                   Excise and Prohibition Act, lodged on 08.11.2025 by the

                   informant.

                                4.     As per the prosecution case, there has been

                   recovery of 69.120 litres of illicit liquor, allegedly, from a

                   vehicle (Scorpio) bearing registration no. BR01JP5398.

                   Accordingly, the FIR.
Patna High Court CR. MISC. No.35867 of 2026(2) dt.21-05-2026
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                       5. Learned counsel for the petitioner submits that the

          seized articles is said to have been recovered from the vehicle

          (Scorpio) bearing registration no. BR01JP5398 and the

          petitioner being the owner of the vehicle has been implicated in

          this case. It is the case of the petitioner that the driver namely,

          Ranjeet Kumar was driving the said Scorpio at the time of

          seizure and has been taken under judicial custody and presently

          on bail. It has next been submitted that since the unauthorised

          articles were being carried out by the driver without intimating

          this petitioner, who is the owner of the vehicle. The petitioner is

          neither connected with the seized articles nor in any way related

          with the allegations levelled against him by the driver of the

          Scorpio. Learned counsel for the petitioner further submits that

          the petitioner is an innocent and nothing incriminating has been

          recovered from his constructive possession rather the recovery

          of illicit liquor has been made from the Scorpio vehicle which

          was, at the time of recovery, under the possession of the driver

          who was arrested and later on granted bail. The petitioner has

          got clean antecedent.

                       6.    On the other hand, learned APP vehemently

          opposes the anticipatory bail of the petitioner submitting that it

          seems improbable that there has been recovery of illicit liquor
Patna High Court CR. MISC. No.35867 of 2026(2) dt.21-05-2026
                                            3/4




          from his vehicle and he is not aware of this fact.

                       7. Considering the fact that the seized articles have

          been recovered from the Scorpio which was being driven by the

          driver and this petitioner is the owner of the vehicle in question

          and had no information regarding the illicit liquor being carried

          during the seizure. Since the seized illicit liquor was not

          recovered from the constructive possession of this petitioner and

          he has also got clean antecedent, this Court is inclined to extend

          him the privilege of anticipatory bail.

                       8. 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 A.D.J. IV-cum-Spl.-Judge, Excise,

          Gopalganj 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
           Patna High Court CR. MISC. No.35867 of 2026(2) dt.21-05-2026
                                                       4/4




                                             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)
Suryadev/Rajan

U      T


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