Patna High Court
Sanjiv KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
Checking your session…