Patna High Court
SahilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner, subject to a bond and sureties.
Summary
The petitioner, Sahil, a driver from Haryana, was arrested for allegedly transporting 208.950 litres of illicit foreign liquor in a truck, leading to charges under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He filed an application for regular bail, contending that he was merely a driver and had no knowledge or control over the contraband, and that procedural requirements under Section 105 of the B.N.S.S. were not complied with. The State opposed the bail, arguing the seriousness of the offence. The Court examined the facts, the petitioner’s clean criminal record, and the procedural claim, and decided to grant bail on condition of a Rs.10,000 bond with two sureties. Consequently, the bail application was allowed, and the petitioner was released on bail pending trial.
Issues considered
- Whether the petitioner, as a driver, is liable for offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.
- Whether procedural lapse under Section 105 of the B.N.S.S. warrants denial of bail.
- Whether bail should be granted in view of the nature of the offence and the petitioner’s antecedents.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- excise
- illicit liquor
- driver liability
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10341 of 2026
Arising Out of PS. Case No.-821 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Sahil S/o Satnarayan @ Santryana Resident of Village- Gohana, P.S.- Gohana,
Distt.- Sonipat, State- Haryana
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priya Raj, Advocate
Mr. Diwakar Pandey, Advocate
Mr. Sandeep Kumar Mandal, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Excise P.S. Case No.
821 of 2025 registered for the offences punishable under Section
30(a) and 32 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 208.950 litres of
illicit foreign liquor was recovered from the truck which the
petitioner was driving.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case merely on the basis of being a driver of the said vehicle
from which the alleged liquor was recovered. It has further been
Patna High Court CR. MISC. No.10341 of 2026(3) dt.01-04-2026
2/2
submitted that the petitioner has no concern with the said
recovery. It is also submitted that the procedure prescribed
under Section 105 of the B.N.S.S. has not been followed. It is
lastly submitted that the petitioner has clean criminal antecedent
and is in custody since 12.12.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Gopalganj, in connection with Excise
P.S. Case No. 821 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
Checking your session…