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Patna High Court

Manoj Sadai @ Manoj SadayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.

Summary

Manoj Sadai, a driver, was arrested on 30 January 2026 in connection with the seizure of 540 litres of Nepali liquor from a vehicle. He is charged under Sections 274 and 275 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that he has a clean antecedent, was not the owner of the vehicle, and that the seizure was not from his conscious possession; additionally, the prosecution had not complied with Section 103 of the Bihar Narcotic Substances (Control) Act, 2023. The State opposed bail. The Court, noting the clean antecedent and procedural lapse, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial cooperation, evidence tampering, and verification of antecedents. The bail order was directed to be implemented by the Exclusive Special Judge, Excise Act, Madhubani.

Issues considered

  • Whether bail should be granted to the accused driver despite charges under IPC and the Bihar Prohibition and Excise Act.
  • Whether the non‑compliance of Section 103 of the Bihar Narcotic Substances (Control) Act, 2023, warrants bail.
  • Whether the fact that the seized liquor was not in the accused's conscious possession affects bail eligibility.

Legislation cited

Subjects

  • bail
  • IPC sections 274
  • IPC sections 275
  • Bihar Prohibition and Excise Act
  • Section 103 BNSS
  • driver
  • seizure of liquor
  • clean antecedent
  • non‑ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18593 of 2026
                   Arising Out of PS. Case No.-14 Year-2026 Thana- MADHWAPUR District- Madhubani
                 ======================================================
                 Manoj Sadai @ Manoj Saday Son of Gopal Saday Resident of village-
                 Bardepur, Kaluahi, ps- Kaluahi, dist- Madhubani

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Archna Aanand, Advocate
                 For the Opposite Party/s :      Mr.Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-03-2026                  Heard Ms.Archna Aanand, learned counsel for the

                   petitioner and Mr.Rajesh Kumar, learned A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   30.01.2026 in connection with Madhwapur P.S. Case No. 14 of

                   2026, F.I.R. dated 29.01.2026 registered for the offence

                   punishable under Sections 274,275 of IPC and Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Recovery is of 540 liters of Nepali liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. Further submits

                   that it appears from the FIR as well as the seizure list that

                   nothing has been recovered from conscious possession of the

                   petitioner rather the recovery has been made from the vehicle in

                   question and petitioner is not the owner of the vehicle in
Patna High Court CR. MISC. No.18593 of 2026(2) dt.24-03-2026
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          question and he has been made accused in the present case

          merely on the ground that the petitioner is driver of the vehicle

          in question. Although the recovery has been made from the

          vehicle in question but there is non-compliance of Section 103

          of the BNSS, 2023 and the petitioner is in custody since

          30.01.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       6. Considering the aforesaid fact, petitioner has clean

          antecedent and there is non-compliance of Section 103 of the

          BNSS, 2023, let the petitioner, above named, be released on bail

          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 Judge, Excise Act, Madhubani in connection

          with Madhwapur P.S. Case No. 14 of 2026, with the following

          conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the
               Patna High Court CR. MISC. No.18593 of 2026(2) dt.24-03-2026
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                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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