Patna High Court

Ashish KumarversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The petitioner is entitled to bail as ownership of the vehicle does not constitute conscious possession of the illicit liquor.

Summary

The petitioner, Ashish Kumar, was implicated in a case for alleged illegal manufacturing and trading of illicit liquor, with 1,783.8 litres recovered from a Bolero pickup van he owned. He argued that his only connection to the offence was ownership of the vehicle, not actual possession or participation in the illicit activity. The prosecution opposed bail, citing the seriousness of the offence under the Bihar Prohibition and Excise Act, 2022. The court examined whether ownership alone sufficed for arrest and concluded that the recovery did not demonstrate conscious physical possession by the petitioner. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS, and directed his release within four weeks.

Issues considered

Whether ownership of a vehicle from which illicit liquor is recovered is sufficient grounds for arrest and denial of bail.
Whether bail can be granted under Section 482(2) of the BNSS in a case involving alleged offences under the Bihar Prohibition and Excise Act, 2022.

Legislation cited

BNSS — s. 482(2)

Subjects

bail
illicit liquor
Bihar Prohibition and Excise Act
vehicle ownership
Section 482(2) BNSS
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9685 of 2026
                 Arising Out of PS. Case No.-527 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Ashish Kumar S/o Rambachan Ray R/o Village- Bairiya, P.S- Gopalpur, Dist-
                 Patna.                                                  ... ... Petitioner/s
                                               Versus
                 The State of Bihar.                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s :     Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-02-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                2. The accused/petitioner apprehending his arrest in

                   connection with Ramkrishna Nagar P.S. Case No. 527 of 2025

                   registered for the offences punishable under Sections 30(a), 34,

                   41(1) of the Bihar Prohibition and Excise Act, 2022.

                                3. The allegation against the petitioner is to be engaged

                   in illegal trading/manufacturing of illicit liquor, where, there is

                   recovery of 1783.800 litres of IMFL/country made liquor from the

                   Bolero Pick Up Van.

                                4. Learned counsel appearing on behalf of the petitioner

                   submitted that implication of this petitioner is only for the reason

                   that he is the registered owner of the alleged vehicle from where

                   recovery of alleged illicit liquor was made. It is submitted that
              Patna High Court CR. MISC. No.9685 of 2026(2) dt.17-02-2026
                                                          2/2




                        petitioner found involved in three more criminal cases, where he is

                        on bail.

                                     5. Learned APP opposed the prayer of bail.

                                     6. Considering the aforesaid facts and circumstances as

                        alleged recovery of illicit liquor not appears to be made from the

                        conscious physical possession of this petitioner, where implication

                        appears only being owner of the alleged vehicle from where illicit

                        liquor was recovered, accordingly, above named petitioner, in the

                        event of his arrest or surrender before the learned trial Court,

                        within a period of four weeks of the order, is directed to be

                        released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned court of Special Judge Excise 2 nd,

                        Patna/concerned Court, where the case is pending in connection

                        with Ramkrishna Nagar P.S. Case No. 527 of 2025, subject to the

                        conditions as laid down under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T

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