Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Petitioner Sanjay Kumar was arrested on 7 December 2025 in connection with a case involving the seizure of 295.200 litres of Nepali liquor from a vehicle, alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he had no ownership of the vehicle, the liquor was not in his conscious possession, and he had a clean criminal record, asserting false implication. The Additional Public Prosecutor opposed bail. The High Court, noting the petitioner’s clean antecedent and the lack of direct possession, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed the lower court to release the petitioner while ensuring compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the facts of seizure and alleged non‑possession.
- Whether the seizure complied with Sections 103/105 of the BNSS, 2023, affecting the bail consideration.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- false implication
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16787 of 2026
Arising Out of PS. Case No.-248 Year-2025 Thana- KISHANPUR District- Supaul
======================================================
Sanjay Kumar son of Chandeshwari Yadav Resident of village- Manjhoua
Ward no. 02,Ps- Bhaptiyahi, Dist- supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Verma, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Sanjeev Verma, learned counsel for the
petitioner and Mr. Pramod Kumar Pandey, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
07.12.2025 in connection with Kishanpur P.S. Case No. 248 of
2025, F.I.R. dated 07.12.2025 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise (Amendment)
Act, 2022.
3. Recovery is of 295.200 liters of Nepali liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.16787 of 2026(2) dt.17-03-2026
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the recovery has been made from the vehicle in question. He
further submits that the petitioner is not the owner of the said
vehicle in question and altogether 295.200 liters of Nepali liquor
has been recovered from the said vehicle and there is non-
compliance of Section 103/105 of the BNSS, 2023. He further
submits that the police after investigation submitted the charge
sheet against the petitioner. The petitioner is in custody since
07.12.2025.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Excise
Judge/Court-I, Supaul in connection with Kishanpur P.S. Case
No. 248 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.16787 of 2026(2) dt.17-03-2026
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ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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