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Patna High Court

SANJEEV KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, directing them to furnish a bond of Rs.10,000 each with two sureties.

Summary

The petitioners, two young men from Basantpur, were arrested after police seized 61.200 litres of Nepali country liquor from a motorcycle they were riding. They contend they are neither the owners of the motorcycle nor the liquor, and argue that the FIR was filed after the seizure list was prepared and that there was no independent witness to the search, violating procedural requirements. The petitioners, who have no prior criminal record, have been in custody since 22 January 2026 and sought bail, citing an upcoming matriculation exam. The State opposed the bail. Considering the petitioners' youth, lack of antecedents, and alleged procedural lapses, the Court ordered that bail be granted on a bond of Rs.10,000 each with two sureties. The bail order was directed to be executed by the trial court handling Excise P.S. Case No.193 of 2026.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act given the alleged lack of ownership and procedural irregularities in the seizure.
  • Whether the absence of an independent witness to the search and seizure warrants bail.

Subjects

  • bail
  • excise
  • prohibition
  • seizure
  • procedural irregularities
  • minor
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11570 of 2026
                   Arising Out of PS. Case No.-193 Year-2026 Thana- Excise P.S. District- East Champaran
                 ======================================================
           1.     SANJEEV KUMAR Son of Ganesh Sah Resident of village - Basantpur,
                  P.S.- Kundwa Chainpur, District - East Champaran.
           2.     Sachin Kumar Son of Ramadhar Sah Resident of village - Basantpur, P.S.-
                  Kundwa Chainpur, District - East Champaran.
                                                                          ... ... Petitioners.
                                                    Versus
                 The State of Bihar.                               ... ... Opposite Party.
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr. Abhay Kumar Mishra, Advocate
                                                   Mr. Sujeet Kumar, Advocate
                                                   Mr. Sonu Singh, Advocate
                 For the Opposite Party/s :        Mr. Anand Kishore Choudhary
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   16-02-2026                      This case has been notified for out of turn/early

                   hearing on the special mentioning made by learned counsel for

                   the petitioners that matriculation examination of the petitioner

                   no.1 is scheduled to start from tomorrow (17.02.2025) and

                   photocopy of the admit card of the petitioner no.1 has also been

                   annexed with the mentioning slip, which is also on record.

                                   2.    Heard learned counsel for the petitioners and

                   learned APP for the State.

                                    3. The petitioners seek bail in a case registered for

                   the offences punishable under Section 30 (a) of the Bihar

                   Prohibition and Excise (Amendment) Act.

                                    4. The allegation in the first information report is

                   that while the police was on patrolling duty, on search 61.200
            Patna High Court CR. MISC. No.11570 of 2026(2) dt.16-02-2026
                                                        2/2




                      liters of Nepali country liquor is said to have been recovered

                      from the motorcycle on which both the petitioners were riding.

                                      5. It is submitted by learned counsel for the

                      petitioners that the petitioners are neither the owner of the

                      seized motorcycle nor the owner of the seized wine. It is further

                      submitted that the F.I.R. has been lodged after preparation of the

                      seizure list. Further, there is no independent witness to the

                      search and seizure thereby violating the mandatory provisions

                      thereof. Petitioners are young boys, having no criminal

                      antecedent and have been languishing in custody since

                      22.01.2026.

                                      6.    Learned APP for the State opposed the bail

                      petition.

                                      7. Taking into consideration the facts and circum-

                      stances of the case and also considering the fact that the peti-

                      tioners are young boys and have no criminal antecedent, the

                      above named petitioners are directed to be enlarged on bail on

                      furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                      each 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 Excise P.S. Case No.193 of 2026.


                                                (Soni Shrivastava, J)
Trivedi/-
U       T


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