Patna High Court
Bashist RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bihar Excise and Prohibition Act — s. 30(a), 32(c)
- BNSS — s. 482(2)
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
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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
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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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