Patna High Court
SandeepversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to a Rs.10,000 bond, two sureties and specified conditions.
Summary
The petitioner, Sandeep, a driver from Haryana, was arrested when police intercepted a truck carrying 6,228.36 litres of illicit liquor, leading to charges under Sections 30(a), 32(2), 36 and 41(1) of the Bihar Prohibition and Excise Act. He applied for bail, asserting that he was merely following his employer's orders, had no knowledge of the contraband, and possessed a clean criminal record. The State opposed the bail application. The court considered the length of his pre‑trial custody, the nature of the offences, and his claim of innocence, and decided to grant bail on a bond of Rs.10,000 with two sureties and several conditions, including personal appearance at each trial date and verification of his antecedents. The order also stipulated cancellation of bail upon repeated absences or involvement in similar offences. The court clarified that any observations in the bail order would not affect the trial.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under the Bihar Prohibition and Excise Act for possession of a large quantity of illicit liquor.
- Whether the petitioner’s claim of being a mere driver with no knowledge of the contraband suffices to merit bail.
- Whether the conditions imposed by the court are appropriate for granting bail in this case.
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- driver liability
- criminal procedure
- pre‑trial custody
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81277 of 2025
Arising Out of PS. Case No.-219 Year-2025 Thana- SARAI District- Vaishali
======================================================
Sandeep S/o Baljeet R/o village - Sandhi, P.S - Rohtak Sadar, District -
Rohtak, State - Haryana
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 06-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Sarai P.S. Case No. 219 of 2025 registered for
the offence(s) punishable under Section(s) 30(a), 32(2), 36, and
41(1) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the police on the basis
of secret information, intercepted a truck and upon search,
recovered a total of 6,228.360 litres of illicit liquor from the said
truck. One person was apprehended at the spot, who disclosed
his name as Sandeep (the petitioner).
4. The learned counsel for the petitioner submits that
the petitioner was merely the driver of the truck and had no
Patna High Court CR. MISC. No.81277 of 2025(3) dt.06-01-2026
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concern whatsoever with the consignment loaded therein. It is
further submitted that the petitioner was obeying the order of his
master and was not aware of the nature of the consignment
carried in the truck. It is contended that the petitioner is a bona
fide person and had no knowledge of the illicit liquor allegedly
recovered by the police from the truck. The learned counsel
lastly submits that the petitioner has clean antecedent and he is
in custody since 21.08.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Regard being had to the facts and circumstances of
the case and taking note of the fact that the petitioner has
remained in custody since 21.08.2025, let the petitioner, above
named, be released on bail on 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 Sarai P.S. Case
No. 219 of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be the local resident.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
Patna High Court CR. MISC. No.81277 of 2025(3) dt.06-01-2026
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(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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