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Patna High Court

Sagta RamversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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