Patna High Court
Sanjeev @ Sandeep Dom @ Karu DomversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner with conditions.
Summary
The petitioner, Sanjeev Dom, sought bail in a case (Alamganj P.S. Case No. 1126 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 91 litres of country-made liquor. The prosecution alleged that the liquor was recovered from a public area, but no incriminating material was found in the petitioner's possession. The petitioner claimed innocence, highlighted lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and pointed to his two prior criminal antecedents. The State opposed bail. Considering the circumstances, the court decided to grant bail subject to a bond of Rs. 15,000 with two sureties and specific conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite the seizure of liquor and prior criminal antecedents
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal antecedent
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13039 of 2026
Arising Out of PS. Case No.-1126 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Sanjeev @ Sandeep Dom @ Karu Dom S/o Late Diwali Dom @ Diwali Ram
R/o Village- Kudapar (Near Sitla Mai Mandir), Domkhana, Mina Bazar, P.S-
Alamganj, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Ranjan, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, 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
Alamganj P.S. Case No. 1126 of 2025, 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 91 liters
of country made liquor was recovered from plastic sack.
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
for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.13039 of 2026(2) dt.24-02-2026
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made from garbage lump and bushes, which are open places and
is accessible to public at large. Local people have disclosed the
name of petitioner. The petitioner is in custody since 02.02.2026
and has got two 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 Alamganj P.S. Case
No. 1126 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
Patna High Court CR. MISC. No.13039 of 2026(2) dt.24-02-2026
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the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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