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Patna High Court

Ganesh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that regular bail could be granted as the petitioner was not in possession of the seized liquor, was not the owner of the motorcycles, and pledged to cooperate with the trial.

Summary

The petitioner, Ganesh Rai, applied for regular bail in a case registered under Section 317(5) of the B.N.S. and Section 30(a) of the Excise Act, alleging recovery of 28.4 litres of liquor from two motorcycles. He has nine prior cases, seven under the Excise Act, but contends he was not arrested at the scene, had no conscious possession of the liquor, and does not own the seized motorcycles. The petitioner assured the court of his cooperation and that he would not abscond. The State opposed the bail. Considering these submissions, the court ordered his release on regular bail upon furnishing a bail bond of Rs.500 with two sureties, directing compliance with the trial court. The bail application was allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail despite antecedent cases and the nature of the offences under the B.N.S. and Excise Act.

Legislation cited

Subjects

  • bail
  • regular bail
  • excise law
  • narcotic law
  • criminal procedure
  • antecedent cases
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7312 of 2026
                        Arising Out of PS. Case No.-304 Year-2025 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Ganesh Rai S/o Shyam Kishor Rai R/o Village - Jamala Mandal, P.S - Suppi,
                 District - Sitamarhi

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pushpendra Kumar Singh
                 For the Opposite Party/s :        Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 317(5) of the B.N.S. and

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of nine cases out of which seven

                   cases are under the Excise Act and allegation is of recovery of

                   28.4 litres of liquor from two motorcycles as detailed in the FIR.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   any of the seized motorcycle. It is next submitted that since he

                   has antecedent under the Excise Act, as such, police in
               Patna High Court CR. MISC. No.7312 of 2026(2) dt.16-04-2026
                                                           2/2




                         mechanical manner implicated him and is in custody since

                         28.11.2025. It is also submitted that if privilege of regular bail is

                         granted, the petitioner will not abscond rather will cooperate in

                         the trial to prove his innocence.

                                      5. Learned A.P.P. opposes the bail application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioner, the petitioner, above-named, is

                         directed to be released on regular bail on his furnishing bail-

                         bonds in the sum of Rs.500/- (Rupees Five Hundred) with two

                         sureties of the like amount each to the satisfaction of the learned

                         Trial Court where the case is pending/successor Court in

                         connection with Suppi P. S. Case No.304 of 2025.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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