Patna High Court
SANJEEV KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
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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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