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Patna High Court

Sajan Kumar @ Sajan ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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