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Patna High Court

Ganesh DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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/-

U       T


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