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Patna High Court

GaneshversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner on a bond of Rs. 10,000 with conditions, owing to procedural lapses in the seizure process and the petitioner’s clean antecedent.

Summary

The petitioner, Ganesh, was arrested on 16 April 2026 as the driver of a truck from which 3,537 litres of illicit liquor were seized, and was charged under several sections of the BNS and the Bihar Prohibition and Excise Act. He pleaded that he had a clean antecedent, no knowledge of the contraband, and that the seizure list was prepared solely by police officers, violating mandatory provisions of Sections 103 and 105 of the BNSS, 2023. The Additional Public Prosecutor opposed bail, but the court noted the petitioner’s lack of ownership of the truck and the procedural irregularities. Considering these factors, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The order also directed the lower court to verify the petitioner’s criminal antecedent without delaying the bail. The bail bond may be cancelled if the petitioner breaches any of the stipulated conditions.

Issues considered

  • Whether the procedural non‑compliance of Sections 103 and 105 of the BNSS, 2023 warrants granting bail to the accused.
  • Whether the petitioner’s role as driver, lack of ownership, and clean antecedent justify bail despite serious offences under the BNS and Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • excise law
  • procedural lapse
  • seizure list
  • clean antecedent
  • sections 103 and 105

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43216 of 2026
                 Arising Out of PS. Case No.-127 Year-2026 Thana- DURGAWATI District- Kaimur (Bhabua)
                 ======================================================
                 Ganesh S/o Harkha Ram R/o vill - Jalipa, P.s.- Jalipa, Distt.- Badmer @
                 Barmer, Rajasthan

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar
                 For the Opposite Party/s :       Mr. Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-07-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   16.04.2026 in connection with Durgawati P.S. Case No.127 of

                   2026 for the offences punishable under Sections 338, 336(3),

                   318(4), 340(2), 341 of BNS and Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                               3. Recovery is of 3537 liters of illicit liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that it appears

                   from the F.I.R. that altogether 3537 liters of country made liquor

                   was recovered from the truck in question and petitioner has been

                   made an accused in the present case merely on the ground that
Patna High Court CR. MISC. No.43216 of 2026(2) dt.06-07-2026
                                            2/3




          petitioner is driver of the truck in question. Learned counsel for

          the petitioner next submits that petitioner has no knowledge

          about the alleged article and from perusal of the seizure list it

          appears that the seizure list witnesses are police personnel so

          there is non-compliance of mandatory provisions of Sections

          103 and 105 of BNSS, 2023 and petitioner is in custody since

          16.04.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and the fact that petitioner has clean antecedent and petitioner is

          not the owner of the truck in question and the seizure list

          witnesses are police personnel so there is non-compliance of

          mandatory provisions of Sections 103 and 105 of BNSS, let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Judge (Excise), Court No. II, Kaimur at Bhabua in

          connection with Durgawati P.S. Case No. 127 of 2026, subject

          to the following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court
           Patna High Court CR. MISC. No.43216 of 2026(2) dt.06-07-2026
                                                       3/3




                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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