Patna High Court
Gulab Saday @ Gulabchand SadayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Gulab Saday was arrested on 6 February 2026 in connection with a case involving the alleged possession of 270 litres of illicit Nepali liquor, alleged to be offences under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner claimed he had a clean antecedent, was falsely implicated, and that the liquor was recovered from the place of occurrence, not from his conscious possession, also alleging non‑compliance with Sections 103 and 105 of the BNS Act. The Additional Public Prosecutor opposed bail. The Court considered the facts, the lack of clear evidence of conscious possession and the petitioner's clean record, and ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and no tampering with evidence. The bail order also directed verification of the petitioner's criminal antecedent without delaying the release. The petition was thus disposed with bail granted.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offences under the BNS Act and the Excise Act.
- Whether the seizure of liquor constitutes conscious possession by the petitioner.
- Whether the arrest complied with the procedural requirements of Sections 103 and 105 of the BNS Act.
- Whether suspicion alone suffices to justify continued detention.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105, 274, 275
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- narcotic law
- excise law
- seizure of liquor
- false implication
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22290 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- Lalamnia District- Madhubani
======================================================
Gulab Saday @ Gulabchand Saday Son of Gaghu Saday @ Fagu Saday R/o
Village - Dhanushi Bazar Tol, P.S. - Lalmaniya, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard Mr. Jitendra Kumar Bharti, learned counsel
for the petitioner and Mr. Parmanand Prasasd, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
06.02.2026 in connection with Lalmaniya P.S. Case No. 06 of
2026, F.I.R. dated 05.02.2026 for the offences punishable under
Sections 274 and 275 of the BNS, 2023 and Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Recovery is of 270 liters of Nepali country made
liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
Patna High Court CR. MISC. No.22290 of 2026(2) dt.06-04-2026
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recovered from the conscious possession of the petitioner rather
the recovery of 270 liters of illicit Nepali country made liquor
has been made from the place of occurrence. He further submits
that the petitioner has been made accused merely on the basis of
suspicion. He further submits that there is non-compliance of
Section 103/105 of the BNSS, 2023. The petitioner is in custody
since 06.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
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 the learned Special
Judge, Excise Act, Jhanjharpur, Madhubani in connection with
Lalmaniya P.S. Case No. 06 of 2026, subject to 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 absence on two consecutive dates without sufficient
reason, his 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)
Vanisha/-
U T
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