Patna High Court

Sanjay SinghversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner subject to a bond of Rs. 15,000, two sureties and compliance with the stipulated conditions.

Summary

Sanjay Singh, a driver from Jharkhand, was arrested after 654.750 litres of liquor were recovered from a pickup vehicle and was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the goods, no incriminating material was found on him, and he had no prior criminal record, also noting non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. The Court examined the length of custody, the petitioner’s lack of direct involvement, and the statutory safeguards, and found sufficient grounds to grant bail. Accordingly, bail was ordered on a bond of Rs. 15,000 with two sureties and conditions regarding family surety and appearance in court. The bail order was subject to cancellation if the petitioner defaults on two consecutive appearances.

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 considering the facts of the case.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition act
driver
possession
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5568 of 2026
                  Arising Out of PS. Case No.-900 Year-2025 Thana- EXCISE MASAUDHI District- Patna
                 ======================================================
                 Sanjay Singh son of Munna Singh Resident Of Village- Hanuman Nagar, Ps-
                 Ratu, Dist- Ranchi, Jharkhand
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Abhishek Rai, Advocate
                 For the Opposite Party/s :      Mr.Mritunjay Kumar Nirala, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Excise

                   Masaurhi P.S. Case No. 900 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 654.750 litres

                   liquor was recovered from Pick-up vehicle.                   Petitioner was

                   arrested on the 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

                   no concern with the alleged recovery of liquor. Learned counsel

                   further submitted that the petitioner is driver of the vehicle and
           Patna High Court CR. MISC. No.5568 of 2026(2) dt.31-01-2026
                                                       2/2




                     he has no knowledge regarding the goods loaded in the vehicle.

                     The petitioner is in custody since 22.12.2025 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 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 Masaurhi

                     P.S. Case No. 900 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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