Patna High Court

Sagta RamversusThe 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, after considering the circumstances of the case.

Summary

The petitioner, Sagta Ram, was arrested on the spot after 2,466.720 liters of liquor were recovered from a truck he was driving, and was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, lack of knowledge about the cargo, no incriminating material in his possession, and no prior criminal record. The petitioner also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the facts, the duration of custody, and the petitioner’s circumstances, the Court inclined to grant bail, subject to a bond of Rs.15,000 with two sureties and conditions regarding family surety and regular appearance in court. The bail was ordered to be released after framing of charge, if not already done.

Issues considered

Whether bail should be granted to the accused driver under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail
Whether the accused’s lack of knowledge of the cargo and absence of incriminating material affect bail eligibility

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition
driver
possession
Section 103
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5011 of 2026
                    Arising Out of PS. Case No.-1958 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Sagta Ram Son of Nema Ram Resident of Village- Joona Patrasar, P.S.-
                 Sadar, District- Barmer (Rajasthan)

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ranjit Kumar Thakur, Advocate
                 For the Opposite Party/s :         Mr. Dr. Kumar Uday Pratap, APP
                 ======================================================
                 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 Excise

                   P.S. Case No. 1958 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 2466.720

                   liters liquor was recovered from truck and the petitioner was

                   arrested on spot.

                                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
Patna High Court CR. MISC. No.5011 of 2026(2) dt.29-01-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submits that the petitioner is driver of the

          vehicle in question and has got no knowledge with regard to the

          nature of goods loaded in the vehicle. The petitioner is in

          custody since 29.11.2025 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 Excise P.S. Case No. 1958 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
             Patna High Court CR. MISC. No.5011 of 2026(2) dt.29-01-2026
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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