Patna High Court
Md SajjadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail subject to a bail bond and conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Md Sajjad, was implicated in a case where 54 litres of illicit liquor were recovered from a vehicle registered in his name. He claimed the vehicle was being driven by his driver and that he had no involvement in the liquor trade, asserting a clean antecedent. The State opposed his pre‑arrest bail application, while the petitioner sought release pending investigation. The court noted that the petitioner had not identified the driver and directed him to cooperate, but also considered the open location of the vehicle, his clean record, and alleged policy lapses by the State. Consequently, the court granted pre‑arrest bail on condition of a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the BNSS, directing verification of his antecedents. The bail application was disposed with the order to release the petitioner if arrested within four weeks.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the recovery of illicit liquor from his vehicle.
- Whether the petitioner’s failure to disclose the driver’s identity affects the grant of bail.
Legislation cited
- Bihar Negotiable Instruments and Security (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- vehicle registration
- driver identification
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37324 of 2026
Arising Out of PS. Case No.-110 Year-2026 Thana- Excise P.S. District- Katihar
======================================================
Md Sajjad, Age- 47 Yrs, Male, S/o Md. Naeem, Resident of - Abid Colony,
PS - Nagar, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 01-07-2026 Heard Mr. Sanjeev Kumar Singh, learned
counsel appearing on behalf of the petitioner and Mr. Md.
Anzarul Haque Sahara, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Katihar Excise P.S. Case No. 110 of 2026 registered for the
offence punishable under Sections 30 (a) and 32(3) of the Bihar
Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 54 litres illicit liquor
from a Bajaj Auto bearing Registration No. BR39 PA 4986
belonging to the petitioner, which was parked near Kamal
Chowk Road Crossing.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner has been falsely
implicated in the present case simply because the vehicle from
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which the illicit liquor was recovered, is registered in his name,
however, the same was being driven by his driver. The vehicle
was parked near Kamal Chowk Road Crossing, which is an
open place and easily accessible to anyone. Petitioner has no
concern with the alleged seized liquor nor he is involved in
trade of liquor in any manner. Petitioner has clean antecedent.
On these grounds, petitioner seeks to be released on pre-arrest
bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the seizure memo, I find that the petitioner
has not disclosed the name of the driver, whom he claims that he
was in possession of the vehicle at the time of alleged seizure,
however, he managed to flee away. The petitioner must co-
operate with the investigating officer and give the name of the
driver of the vehicle. In case the petitioner gives the name of the
driver, the accused driver is directed to be taken into custody
forthwith.
7. As the petitioner has claimed that the vehicle from
which 54 litres of illicit liquor was recovered, was parked near
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Kamal Chowk Road Crossing, which is an open place and easily
accessible to anyone and he has clean antecedent and also the
fact that the State has failed to implement its liquor policy in its
true spirit, the petitioner, above named, is directed to be released
on pre-arrest bail, in the event of his/her arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District Court where the case is
pending, in connection with Katihar Excise P.S. Case No. 110 of
2026, subject to the condition as laid down under Section 482(2)
of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
9. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
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