Patna High Court
Sajan Kumar @ Sajan ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Sajan Kumar, was arrested as the driver of a vehicle from which 116.82 liters of foreign liquor was seized, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the goods, possessed a clean criminal record, and that no incriminating material was found in his possession. The State opposed bail, arguing the seriousness of the offence. The court considered the lack of direct evidence against the petitioner, his role as a driver, the period of custody since 27-11-2025, and the non‑application of Section 103 of the BNSS, 2023. Concluding that the circumstances warranted relief, the court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the driver accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material and with a clean antecedent.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition
- excise
- foreign liquor
- driver
- criminal procedure
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1076 of 2026
Arising Out of PS. Case No.-648 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Sajan Kumar @ Sajan Manjhi S/o Shib Manjhi @ Shibji Manjhi R/o Village -
Minapur, (Mina Bazar), P.S - Garkha, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv.
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bhagwan
Bazar PS Case No. 648 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 116.82 liters of
foreign liquor was recovered from the auto and the petitioner
was arrested on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.1076 of 2026(2) dt.19-01-2026
2/2
for the petitioner submits that the petitioner is the driver of the
vehicle in question and he has no knowledge regarding the
nature of goods kept in the vehicle. The petitioner is in custody
since 27.11.2025 and has got clean criminal antecedent. There is
no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioner,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Bhagwan Bazar PS Case No. 648 of
2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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