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Patna High Court

Sanjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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