Patna High Court

Sanjay Roy @ Sanjay RaiversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to bond and conditions.

Summary

The petitioner, Sanjay Roy, a driver, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 504 litres of liquor were recovered from a pick‑up van. He contended that he had no knowledge of the contraband, that no incriminating material was found in his possession, and that he had no prior criminal record. The State opposed bail, arguing the seriousness of the offence. The Court noted the petitioner’s lack of antecedents, the absence of material linking him directly to the liquor, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these factors, the Court granted bail on a bond of Rs.15,000 with two sureties, imposing conditions of family surety and mandatory appearance in court.

Issues considered

Whether bail should be granted to a driver accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
driver
Section 30(a)
Section 103
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4860 of 2026
                      Arising Out of PS. Case No.-92 Year-2025 Thana- PACHMAHLA District- Patna
                 ======================================================
                 Sanjay Roy @ Sanjay Rai S/o Ramjeevan Roy Resident of Ward No. 03,
                 Hajipur Tola, Hajipur, Hazipur Pipra, Garhara, P.S.- Barauni, Distsrict-
                 Begusarai, Bihar- 851126
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Keshav Bhardwaj, Advocate
                 For the Opposite Party/s :      Mr.Kumar Ranjit Ranjan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Panchmahla P.S. Case No. 92 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 504

                   liters liquor was recovered from pick-up van.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   further submitted that the petitioner is driver of the vehicle and

                   he has no knowledge regarding the goods loaded in the vehicle.
           Patna High Court CR. MISC. No.4860 of 2026(2) dt.29-01-2026
                                                       2/2




                     The petitioner is in custody since 03.12.2025 and has got no

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail, after framing

                     of charge, if not already framed, on furnishing bail bonds of

                     Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Panchmahla P.S. Case No. 92 of 2025,

                     subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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