Patna High Court
Udagar Sada @ Ujhagar Sada @ Ujhar SadaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Udagar Sada, was arrested in connection with the recovery of 576 litres of liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged possession of the liquor, while the petitioner claimed innocence, stating no incriminating material was found on him and that the seizure was from an open area accessible to all. He had been in custody since 26 September 2025 and possessed no prior criminal record. The State opposed bail, but the court noted the petitioner’s clean antecedent, the nature of the alleged recovery, and the lack of compliance with Section 103 of the BNSS. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under the provisions of the Bharatiya Nyaya Sanhita, 2023 given the nature of the offences and the circumstances of the case
- Whether the requirements of Section 103 of the BNSS, 2023 have been satisfied
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275, 3(5)
Subjects
- bail
- prohibition law
- excise
- Bharatiya Nyaya Sanhita
- Section 103
- liquor seizure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2381 of 2026
Arising Out of PS. Case No.-274 Year-2025 Thana- HARLAKHI District- Madhubani
======================================================
Udagar Sada @ Ujhagar Sada @ Ujhar Sada Son of Bhola Sada Resident of
Village - Hat Parsa, Police Station - Harlakhi, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Soban Asghar, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, 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
Harlakhi PS Case No. 274 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act
and Sections 274, 275 & 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that 576 liters
liquor was recovered from jute sack.
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
Patna High Court CR. MISC. No.2381 of 2026(2) dt.19-01-2026
2/2
no concern with the alleged recovery of liquor. It is submitted
that recovery is from an open place, which is accessible to one
and all. The petitioner is in custody since 26.09.2025 and has
got no criminal antecedent/s. 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, clean antecedent of the petitioner 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 Harlakhi PS Case
No. 274 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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