Patna High Court
Sanoj Rai @ Sanoj RoyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to regular bail as there is no evidence of his personal involvement in the offence and he possesses a clean antecedent.
Summary
The petitioner, Sanoj Rai, was arrested in connection with the seizure of 324 litres of liquor from a pickup van, alleged under Section 30(a) of the Excise Act. He contended that he was not arrested at the spot, had no conscious possession of the liquor, and was implicated merely as the owner of the vehicle. The petitioner’s counsel highlighted his clean antecedent and that he was unaware of any misuse of his vehicle. The State opposed bail. Considering the lack of direct evidence against the petitioner and his clean record, the court ordered his release on regular bail upon furnishing a bail bond of Rs.5,000 with two sureties, and allowed the application.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Excise Act given the circumstances of the seizure and his alleged lack of personal involvement.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30
- vehicle ownership
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28825 of 2026
Arising Out of PS. Case No.-83 Year-2024 Thana- Roshna District- Katihar
======================================================
Sanoj Rai @ Sanoj Roy S/o Late Rajendra Rai Resident of Village -
Bhatwara, P.S. - Korha, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimal Kumar
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is in custody
since 14.03.2026 and allegation is of recovery of 324 litres of
liquor from a pick-up van.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing a crime and thus, would create
Patna High Court CR. MISC. No.28825 of 2026(2) dt.04-05-2026
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evidence against himself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
Rajesh would misuse the vehicle in the manner as alleged as he
was also apprehended at the spot along with Tarun and
petitioner is in custody since 14.03.2026.
5. Learned A.P.P. Sri Chandra Bhushan Prasad
opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/successor Court in
connection with Roshna P. S. Case No.83 of 2024.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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