Patna High Court

Arvind Sao @ Arvind Saw @ Arvindra SawversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to monetary and surety conditions and mandatory appearance requirements.

Summary

Arvind Sao was arrested after 75 litres of liquor were recovered from an e‑rickshaw and was charged under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating material was found in his conscious possession, and that he had no prior criminal record. The State opposed the bail application. The Court considered the lack of material evidence, the petitioner’s clean record and the fact that Section 103 of the B.N.S.S., 2023 had not been complied with, and decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s appearance at every trial date. Failure to appear on two consecutive dates would permit cancellation of the bail.

Issues considered

Whether bail should be granted to the accused in a case under the Bihar Prohibition and Excise Act for alleged possession of liquor.

Legislation cited

B.N.S.S., 2023 — s. 103

Subjects

bail
excise
liquor possession
Bihar Prohibition and Excise Act
criminal procedure
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.708 of 2026
                       Arising Out of PS. Case No.-3165 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Arvind Sao @ Arvind Saw @ Arvindra Saw S/o Vinod Sao Resident of New
                 Atwarpur, Lalu path, P.s.- Parsa, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Bhaskar Shankar, Advocate
                 For the Opposite Party/s :         Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                        Heard learned counsel for the petitioner and

                   learned APP for the State.

                               2. The petitioner seeks bail in Patna Excise P.S.

                   case No. 3165 of 2025 instituted for the offences under

                   Sections 30(a), 41 and 56(b) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that 75 liters

                   liquor was recovered from E-rickshaw 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
Patna High Court CR. MISC. No.708 of 2026(2) dt.19-01-2026
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          recovered from the conscious possession of the petitioner.

          The petitioner has got no concern with the alleged recovery

          of liquor. It is further submitted that the name of the

          petitioner has transpired as being owner of the vehicle in

          question.         The petitioner is in custody since 12.11.2025

          and has got no criminal antecedent. There is no compliance

          of Section 103 of B.N.S.S., 2023.

                      5. Learned A.P.P. 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/- (Fifteen thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Patna Excise

          P.S. case No.          3165 of 2025, subject to the following

          conditions:

                       (I) One of the bailors shall be own/close member
           Patna High Court CR. MISC. No.708 of 2026(2) dt.19-01-2026
                                                       3/3




                     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)
Pankaj/-

U      T

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