Patna High Court
GaneshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNS — s. 318, 336, 338, 340, 341
- BNSS, 2023 — s. 103, 105
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.