Patna High Court
Sagta RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Sagta Ram, was arrested as the driver of a DCM truck from which 4,192.92 litres of foreign liquor were seized. He was charged under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the liquor, had no criminal antecedents, and was merely a driver. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the court considered the lack of knowledge, clean record, and the petitioner’s custodial status, and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court.
Issues considered
- Whether a driver of a vehicle found carrying illegal liquor, who claims lack of knowledge, is entitled to regular bail.
- Whether the absence of prior criminal record and custodial duration justify granting bail in offences under Section 317(5) BNS and Section 30(a) Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
Subjects
- bail
- regular bail
- driver liability
- illegal liquor
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- knowledge defence
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10462 of 2026
Arising Out of PS. Case No.-552 Year-2025 Thana- MINAPUR District- Muzaffarpur
======================================================
Sagta Ram S/o Dalu Ram R/o village - Udasar Barmer, P.S - Badamalani,
District - Barmer, Rajasthan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 317(5) of the
BNS and under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that
altogether 4192.92 liters of country made foreign liquor was
recovered in 468 cartons from the DCM truck which was being
driven by this petitioner.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the possession of the
petitioner. Learned counsel for the petitioner has further
submitted that the petitioner is only the driver of the vehicle.
Patna High Court CR. MISC. No.10462 of 2026(2) dt.23-02-2026
2/2
Learned counsel for the petitioner has submitted that the
petitioner was not knowing about the alleged liquor being kept
in that truck. Learned counsel for the petitioner has further
submitted that the petitioner is having no criminal antecedent
and he is in judicial custody since 27.12.2025.
5. Learned APP for the State has vehemently opposed
the bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Minapur P.S. Case No. 552 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
court no.1, Muzaffarpur.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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