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Patna High Court

Arjun SadayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Arjun Saday, was arrested as the driver of a vehicle alleged to be carrying 720 litres of illicit Nepali liquor, violating Sections 274, 275 and 3(5) of the Bihar Narcotic Substances (BNS) Act and Section 30(a) of the Bihar Prohibition and Excise Act. He claimed that he had no knowledge of the contraband, that the vehicle belonged to another person, and that he was merely a driver. The prosecution opposed bail, while the petitioner’s counsel argued innocence and highlighted that the liquor was not found in his conscious possession and that he was already on bail in a similar case. Considering the circumstances, the period of custody since 17‑02‑2026, and the nature of the allegations, the court decided to grant bail. Bail was conditioned on a bond of Rs 10,000 with two sureties, compliance with Section 480(3) of the B.N.S.S., and additional personal conditions, including attendance on all court dates.

Issues considered

  • Whether the petitioner is entitled to bail despite alleged offences under Sections 274, 275, 3(5) of BNS and Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the petitioner’s claim of lack of knowledge and non‑possession of the liquor negates the risk of absconding or tampering with evidence
  • Whether the conditions of Section 480(3) B.N.S.S. are satisfied for granting bail

Legislation cited

Subjects

  • bail
  • illegal liquor
  • transport
  • driver
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • Section 480(3)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25569 of 2026
                 Arising Out of PS. Case No.-25 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani
                 ======================================================
                 Arjun Saday S/o- Jhari Saday Resident of Village- Akahari Brindaban PS-
                 Ladaniya, Dist- Madhubani

                                                                                ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ramchandra Jha Raman, Advocate
                 For the Opposite Party/s :      Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Bhairavsthan P.S. Case No. 25 of 2026

                   registered for the alleged offences under Sections 274, 275,

                   3(5) of BNS and Section 30(a) of Bihar Prohibition and Excise

                   Act.

                                03. As per prosecution case, the allegation against the

                   petitioner is of transporting 720 litres of country made Nepali

                   liquor and the petitioner was apprehended along with the

                   vehicle being driven by him in which illicit liquor was being

                   carried.

                                04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.25569 of 2026(2) dt.17-04-2026
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          petitioner is innocent and has been falsely implicated in this

          case. The petitioner has no concern with the seized liquor and

          the vehicle also belongs to some other person. The petitioner

          was merely a driver and was not knowing about the

          consignment kept in the vehicle. Nothing incriminating has been

          recovered from the conscious possession of the petitioner. The

          petitioner is having antecedent of one case of similar nature in

          which he is on bail. The petitioner is in custody since

          17.02.2026.

                       05. Learned APP opposes the submission made on

          behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          recovery in the background of nature of allegation and further

          considering the period of custody of the petitioner, the petitioner

          above named is directed to be released on bail on furnishing bail

          bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Judge, Excise Act, Jhanjharpur, District- Madhubani/concerned

          Court in connection with Bhairavsthan P.S. Case No. 25 of

          2026, subject to the conditions mentioned in Section 480(3) of

          B.N.S.S. and also the following conditions :
            Patna High Court CR. MISC. No.25569 of 2026(2) dt.17-04-2026
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                                                      (i) One of the bailors will be a close

                                                      relative of the petitioner.

                                                      (ii) The petitioner will remain present

                                                      on each and every date fixed by the

                                                      court below.

                                                      (iii) In case of absence on three

                                                      consecutive dates or in violation of the

                                                      terms of the bail, the bail bond of the

                                                      petitioner will be liable to be cancelled

                                                      by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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