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Patna High Court

Dhananjay SawversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner.

Summary

The petitioner, Dhananjay Saw, was arrested in connection with an excise case (Case No. 325/2025) alleging possession of 160 litres of liquor, punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, no liquor was found in his possession, he had no prior criminal record, and the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of incriminating evidence, the petitioner’s clean record, and the period of custody already served, the Court decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material and prior record
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail

Legislation cited

Subjects

  • bail
  • excise offence
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • Section 30(a)
  • Section 103
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5075 of 2026
                      Arising Out of PS. Case No.-325 Year-2025 Thana- Excise P.S. District- Bhojpur
                 ======================================================
                 Dhananjay Saw S/o Chandrama Saw R/o Village- Haldi Chhapra Badan Tola
                 @ Badal Tola, P.S- Maner, Dist- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Usha Kumari Singh, Advocate
                 For the Opposite Party/s :        Mr. Nagendra Prasad, 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

                   Ara P.S. Case No. 325/2025 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 160 litres

                   of liquor was recovered from tempo.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicle in
             Patna High Court CR. MISC. No.5075 of 2026(2) dt.29-01-2026
                                                         2/2




                       question or with the alleged recovery of liquor. The petitioner is

                       in custody since 05.11.2025 and has no criminal antecedent.

                       There is no compliance of Section 103 of the Bharatiya

                       Nagarika 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 as also 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 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 Ara P.S. Case

                       No. 325/2025.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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