Patna High Court
Sanoj @ Lala @ Sanoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and verification of criminal antecedent.
Summary
The petitioner, Sanoj Kumar, was apprehended in connection with a case of illicit liquor recovery under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution alleged recovery of 35 litres of illicit liquor, while the petitioner claimed innocence and no possession of the liquor. The State opposed the petitioner's request for anticipatory bail. The Court considered the petitioner's clean criminal antecedent and the need to prevent undue delay in bail proceedings. It granted anticipatory bail for a period of four weeks, subject to a bail bond of Rs.30,000 and conditions under Section 482(2) of the BNSS, 2023, directing the trial court to verify the antecedent and cancel bail if concealment is found.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the BNSS, 2023 in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- BNSS 2023
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15837 of 2026
Arising Out of PS. Case No.-596 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Sanoj @ Lala @ Sanoj Kumar S/o- Satyanand @ Joka @ Satyanand Singh
Resident of Village-Mahtwania, P.S.- Udwantnagar, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Udwant Nagar P.S. Case No. 596 of 2025, dated
19.12.2025, lodged under Section 30(a) of the Bihar Prohibition
and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 35 litres of
illicit liquor has been made, which is the subject matter of the
present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
submits that nothing has been recovered from the possession of
the petitioner. Furthermore, he submits that the criminal
antecedent of the petitioner is clean.
Patna High Court CR. MISC. No.15837 of 2026(2) dt.25-03-2026
2/2
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Judge Excise- II, Bhojpur at
Ara, in connection with Udwant Nagar P.S. Case No. 596 of
2025, subject to the conditions as laid down U/s 482(2) of the
BNSS, 2023.
7. It is further directed that the Trial Court shall verify
the criminal antecedent of the petitioner, and in case it is found
at any stage that the petitioner has concealed his criminal
antecedent, the Trial Court shall take steps for cancellation of
the petitioner’s bail bond. However, the acceptance of the bail
bond in terms of the above-mentioned order shall not be delayed
for the purpose of or in the name of verification.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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