Patna High Court
Ganesh DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the petitioner’s ownership of the vehicle did not prima facie establish possession of the illicit liquor.
Summary
The petitioner, Ganesh Das, was named in an FIR for alleged illegal manufacture and trade of illicit liquor after 6.84 litres of country-made liquor were seized from a motorcycle registered in his name. He contended that mere ownership of the vehicle did not establish his conscious possession or involvement in the offence and that the seizure list lacked independent witness support. The Additional Public Prosecutor opposed his anticipatory bail. The court observed that the recovery of liquor did not prima facie demonstrate the petitioner's possession and noted his clean antecedent. Consequently, the court directed that he be released on bail upon surrendering within four weeks, subject to a bail bond and sureties, under the provisions of Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner when the seized illicit liquor is linked only to a vehicle he owns.
- Whether ownership of the vehicle constitutes sufficient material to establish possession or participation in the alleged offence.
Legislation cited
- Bihar Negotiable Instruments and Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- vehicle ownership
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43538 of 2026
Arising Out of PS. Case No.-554 Year-2026 Thana- Excise P.S. District- Muzaffarpur
======================================================
Ganesh Das, S/o Late Jagdeo Das, R/o Village - Pakri Asli, P.S- Sahebganj,
District - Muzaffarpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Muzaffarpur
Excise P.S. Case No.554 of 2026 registered under Sections
30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 6.84 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
a Bike bearing Registration No. BR06AJ-3055. It is further
Patna High Court CR. MISC. No.43538 of 2026(2) dt.03-07-2026
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submitted that the petitioner’s name has been surfaced in
the present case solely on the ground that he is the
registered owner of the seized vehicle, and not on the basis
of any material demonstrating his conscious possession,
involvement or complicity in the alleged offence. It is also
pointed out that seizure list appears doubtful being not
supported by independent witnesses rather than by police
personnel. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
man of clean antecedent, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail 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 Exclusive Special Judge Excise-II, Muzaffarpur in
Patna High Court CR. MISC. No.43538 of 2026(2) dt.03-07-2026
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connection with Muzaffarpur Excise P.S. Case No.554 of
2026, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
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