Created by Fuzzy Cloud

Patna High Court

Sanjiv KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Sanjiv Kumar, was arrested at the scene of a vehicle from which 214.200 liters of liquor were seized, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was merely a passenger, not the owner or driver, and that no incriminating material was found in his possession. The petitioner had one prior criminal antecedent and had been in custody since 15 January 2026, with the prosecution arguing against bail. The State opposed bail, while the petitioner’s counsel highlighted the lack of ownership, knowledge of the contraband, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the circumstances, the court decided to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the accused’s custody period.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • liquor seizure
  • criminal procedure
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12969 of 2026
                   Arising Out of PS. Case No.-23 Year-2026 Thana- MITHANPURA District- Muzaffarpur
                 ======================================================
                 Sanjiv Kumar Son of Shiv Nath Prasad Resident of Mohalla Rambagh,
                 Bagalamukhi Mandir Ke Back, Ward No.- 38, P.S.- Mithanpura, District -
                 Muzaffarpur
                                                                        ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Pooja Prasad, Advocate
                 For the Opposite Party/s :       Mr.Ramchandra Sahni, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Mithanpura P.S. Case No. 23 of 2026, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 214.200

                   liters liquor was recovered from car. Petitioner was arrested on

                   the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel
           Patna High Court CR. MISC. No.12969 of 2026(2) dt.24-02-2026
                                                       2/2




                     further submitted that the petitioner was neither owner nor

                     driver of the vehicle. The petitioner had taken lift in the car and

                     he had no knowledge regarding nature of goods loaded on the

                     vehicle. The petitioner is in custody since 15.01.2026 and has

                     got one criminal antecedent. There is no compliance of Section

                     103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with             Mithanpura P.S.

                     Case No. 23 of 2026.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.