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Patna High Court

Md SajjadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.37324 of 2026(2) dt.01-07-2026
                                            2/3




          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
              Patna High Court CR. MISC. No.37324 of 2026(2) dt.01-07-2026
                                                          3/3




                        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/-

U         T


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