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Patna High Court

Sanjay Kumar @ Sanjay MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, subject to bond and conditions, despite the suspicion and procedural irregularities.

Summary

The petitioner, Sanjay Kumar, sought bail after the police recovered 278 litres of Nepali liquor from his joint family house in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution alleged the liquor was seized from the premises, but the petitioner argued that no liquor was found in his personal possession and that the seizure memo lacked two independent witnesses. The court noted the absence of physical possession and procedural lapses, yet held that suspicion alone could not justify denial of bail. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., 2023, including cooperation with the investigation and verification of any concealed criminal antecedent. The bail order was conditioned on prompt verification and the possibility of cancellation if the petitioner concealed prior offences.

Issues considered

  • What is the applicability of bail provisions under Section 438(2) CrPC and Section 482(2) B.N.S.S., 2023 when the seizure is from joint family property and not from the accused's personal possession?
  • Does the lack of two independent witnesses to the search and seizure memo constitute a procedural defect sufficient to warrant bail?
  • Can suspicion alone, without physical possession, justify denial of bail in a case under the Bihar Prohibition and Excise Act, 2016?

Legislation cited

Subjects

  • bail
  • suspicion
  • search and seizure
  • joint family property
  • prohibition act
  • excise
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10914 of 2026
                       Arising Out of PS. Case No.-1 Year-2026 Thana- PARIHAR District- Sitamarhi
                 ======================================================
                 Sanjay Kumar @ Sanjay Mahto S/o Hari Narayan Mahto Resident of Village-
                 Jagdar ward no. 08 (New) @ Jagdar ward no. 5(old), P.S.- Parihar, District-
                 Sitamarhi

                                                                                     ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :       Ms. Sangeeta Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026                           Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016.

                                   3. As per the prosecution case, the recovery is of

                   278 liters of nepali liquor from three plastic sacks from the

                   house of the petitioner on the place of occurrence.

                                   4. Learned counsel for the petitioner submits that

                   the name of the petitioner has surfaced in the case on account of

                   suspicion. No recovery has been made from the physical and

                   conscious possession of the petitioner rather there is recovery

                   from a house which is a joint family property. There is no
Patna High Court CR. MISC. No.10914 of 2026(2) dt.17-02-2026
                                            2/3




          independent witness to the said seizure list and the petitioner has

          no criminal antecedent.

                             5. The application is opposed by the learned APP

          for the State.

                             6. Considering the fact that no recovery has been

          made from physical conscious possession of the petitioner and

          recovery has been made from a house which is a joint family

          property, the possibility of petitioner being implicated on the

          basis of suspicion cannot be ruled out and further given the fact

          that the search and seizure memo is not witnessed by two

          independent witnesses, let the petitioner, above named, in the

          event of his arrest or surrender before the Court below within

          four weeks, 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 learned Exclusive Special Excise

          Court No. 1- Sitamarhi in connection with Parihar P.S. Case No.

          01 of 2026, subject to the condition laid down under Section

          438 (2) of the Code of Criminal Procedure/Section 482 (2) of

          the B.N.S.S., 2023 and subject to the further condition that:-

                       (i)     the    petitioner      shall    co-operate   in   the

          investigation/trial.

                       (ii) the learned Court would, however, verify the
          Patna High Court CR. MISC. No.10914 of 2026(2) dt.17-02-2026
                                                      3/3




                    criminal antecedent of the petitioner and in case 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, it is expected that the verification process

                    would be done expeditiously without causing any delay.



                                             (Alok Kumar Sinha, J)
Gaurav Sinha/-

U


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