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Patna High Court

Udagar Sada @ Ujhagar Sada @ Ujhar SadaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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