Patna High Court
Manoj Sadai @ Manoj SadayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 274, 275
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
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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
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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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