Patna High Court
SajidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Sajid, the owner of a truck from which 6,069.96 litres of foreign liquor were seized, was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He has been in custody since 19 December 2024 and earlier obtained a liberty order to renew his bail application after four months. The petitioner, represented by Mr. Sarfraz Ahmad, argued that he has a clean antecedent and was not arrested at the spot of seizure. The State, through the Additional Public Prosecutor, opposed bail. The Court, considering the length of custody, the petitioner’s clean record, and the nature of the offence, granted bail on a Rs.10,000 bond with two sureties and imposed several conditions, including personal appearance at trial and verification of antecedents.
Issues considered
- Whether bail should be granted to a person charged under Section 30(a) of the Bihar Prohibition and Excise Act for possession of foreign liquor
- Whether the period of custody and the petitioner’s antecedent justify bail
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- criminal procedure
- Bihar
- Section 30(a)
- antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70921 of 2025
Arising Out of PS. Case No.-354 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Sajid, S/o Mohammad Aslam, R/o Village- Islamnagar, P.O.+P.S- Nurpur,
Distt.- Bijnor (U.P.).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarfraz Ahmad, Adv.
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, Addl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 06-01-2026 This is second attempt on behalf of the petitioner
for grant of bail.
2. Heard the learned counsel for the petitioner and
the learned Addl. Public Prosecutor for the State.
3. The petitioner, who is in custody, seeks bail in
connection with Durgawati P.S. Case No. 354 of 2023 registered
for the offence(s) punishable under Section(s) 30(a) of the Bihar
Prohibition and Excise Act.
4. As per the prosecution case, the police, during
Patna High Court CR. MISC. No.70921 of 2025(4) dt.06-01-2026
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the course of vehicle checking, recovered 6069.960 liters of
foreign liquor from a truck.
5. The learned counsel for the petitioner submits
that the petitioner is the owner of the truck from where such
recovery has been made and he has not been arrested at the spot.
The learned counsel, at the outset, submits that earlier this Court
vide order dated 08.05.2025 passed in Cr. Misc. No. 7556 of
2025 has granted liberty to the petitioner to renew his prayer for
grant of bail after four months. It has further been submitted
that the petitioner has clean antecedent and he is in custody
since 19.12.2024.
6. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail.
7. Regard being had to the facts and circumstances
of the case and the period of custody of the petitioner, let the
petitioner, above-named, be released on bail on his furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Court
below where the case is pending/successor Court in connection
with Durgawati P.S. Case No. 354 of 2023, subject to the
following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
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(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
9. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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