Patna High Court
Vikash Sada @ Rajesh sadaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioner is entitled to bail.
Summary
The petitioner, Vikash Sada, was arrested as the driver of a vehicle alleged to have been transporting 132.375 litres of foreign liquor, violating Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he had no knowledge of the liquor, had no conscious possession, and possessed a clean antecedent, having been in custody since 20 May 2026. The State opposed bail, arguing the seriousness of the offence. After considering the facts, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional personal surety and attendance requirements. The bail order was conditioned on compliance, with cancellation possible for non‑appearance.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act given the alleged transport of foreign liquor.
- Whether the petitioner had conscious possession of the seized liquor and thus can be considered a principal offender.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- Bihar Prohibition and Excise Act
- foreign liquor
- driver
- Section 30(a)
- Section 480(3)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44091 of 2026
Arising Out of PS. Case No.-77 Year-2026 Thana- JALAI District- Saharsa
======================================================
Vikash Sada @ Rajesh Sada S/o Ramanand Sada Resident of village-
Bhaptiyahi, P.S. Bhaptiyahi, District- Supaul at present village- Dorara, P.O.
Lalit gram, P.S.- Balwa, Bazar, Distt- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarnath Jha, Advocate
For the Opposite Party/s : Mr.Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Jalai P.S. Case No. 77 of 2026 registered for
the alleged offences under Section 30(a) of Bihar Prohibition
and Excise Act.
03. As per prosecution case, the petitioner was
apprehended transporting 132.375 litres of foreign liquor in a
vehicle.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. There is no recovery of any incriminating article from the
Patna High Court CR. MISC. No.44091 of 2026(2) dt.08-07-2026
2/3
conscious possession of the petitioner. The petitioner was
merely a driver of the vehicle and was not aware about the illicit
liquor kept in the vehicle and he has no concern with the seized
liquor. The petitioner is having clean antecedent and he in
custody since 20.05.2026.
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
nature of recovery and 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) I, Saharsa /concerned Court in
connection with Jalai P.S. Case No. 77 of 2026, subject to the
conditions mentioned in Section 480(3) of B.N.S.S. and also the
following conditions :
(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.
Patna High Court CR. MISC. No.44091 of 2026(2) dt.08-07-2026
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(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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