Patna High Court
Md. SajjadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioners subject to the conditions imposed under Section 480(3) of the BNSS.
Summary
The petitioners, Md. Sajjad and Aman Kumar, were arrested after police intercepted their vehicle and recovered 126 litres of foreign liquor, alleging violation of Section 30(a) of the Bihar Prohibition & Excise Act, 2016. They contended that they were not the owners of the vehicle or the liquor, had no conscious possession, and were falsely implicated, emphasizing their clean antecedent and the length of custody since 10 May 2026. The State opposed bail, but the court considered the nature of the allegation, the petitioners' clean record, and the period of detention. Relying on Section 480(3) of the BNSS and the principles of bail, the court directed that bail be granted upon furnishing a bond of Rs. 10,000 with two sureties each, subject to specific conditions. The bail order required the petitioners to appear on all court dates and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether the petitioners are entitled to bail under Section 480(3) of the BNSS in a case under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
- Whether the petitioners' clean antecedent and period of custody justify the grant of bail.
Legislation cited
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- excise
- illicit liquor
- Section 30
- Bihar Prohibition & Excise Act
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42883 of 2026
Arising Out of PS. Case No.-168 Year-2026 Thana- Excise P.S. District- Araria
======================================================
1. Md. Sajjad Son of Late Md Sahub @ Late Mohammad Sahub Resident of
Village - Mathana Milik, Ward No.- 08, P.S.- Garoul, District - Vaishali.
2. Aman Kumar Son of Lalu Swarnkar Resident of Village - Gadhbanili, Ward
No.- 02, P.S.- Kasba, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Fazle Karim, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Araria P.S. Case No. 168 of 2026 registered for
the alleged offences under Section 30(a) of the Bihar Prohibition
& Excise Act, 2016.
03. As per prosecution case, petitioners were
apprehended when their vehicle was intercepted on the basis of
secret information of transportation of illicit liquor and from
search of their vehicle, recovery of 126 liters of foreign liquor
was made.
04. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.42883 of 2026(2) dt.01-07-2026
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the petitioners are innocent and have been falsely implicated in
this case. Nothing incriminating has been recovered from
conscious possession of the petitioners. Learned counsel further
submits that the petitioners are neither the owner nor have any
concern with the seized vehicle or the seized liquor. The
petitioners have been implicated in this case due to the high-
handedness of the police. Learned counsel further submits that
the petitioners are having clean antecedent and they are in
custody since 10.05.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and further considering the period of
custody of the petitioners and their clean antecedent, the
petitioners above named are directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned I/c Exclusive Special Judge, Excise-II, Araria/court
concerned in connection with Araria P.S. Case No. 168 of 2026,
subject to the conditions mentioned in Section 480(3) of BNSS
and the following conditions:
Patna High Court CR. MISC. No.42883 of 2026(2) dt.01-07-2026
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(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners 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 petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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