Patna High Court
Arjun SadayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- B.N.S.S. — s. 480(3)
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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