Patna High Court

Sanjay SinghversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL REJECTED
Bench: ANIL KUMAR SINHA

Holding

The court denied anticipatory bail to the petitioner.

Summary

The petitioner, Sanjay Singh, applied for anticipatory bail after police, acting on a tip, searched his demolished house and seized about 2443.68 litres of illegal Indian Made Foreign Liquor. He was charged under Sections 283 and 3(5) of the Bharatiya Nyaya Sanhita and Sections 30(a), 36 and 41(1) of the Bihar Prohibition and Excise Act, 2022. The petitioner claimed he was falsely implicated due to village politics and that the premises were open and not his exclusive property. The court examined the seizure list, noted the large quantity of liquor recovered from the premises, and considered the petitioner’s serious prior criminal record. Concluding that the material evidence linked the petitioner to the offence and that his antecedents warranted denial of bail, the court rejected the anticipatory bail application.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite the seizure of a large quantity of illegal liquor from the premises alleged to be his.
Whether the petitioner’s prior criminal antecedent justifies denial of anticipatory bail.
Whether the demolition and open nature of the house negates the relevance of the seizure to the petitioner.

Legislation cited

Bharatiya Nyaya Sanhita — s. 283, 3(5)

Subjects

anticipatory bail
illegal liquor
Bihar Prohibition and Excise Act
Bharatiya Nyaya Sanhita
criminal antecedent
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18522 of 2026
                       Arising Out of PS. Case No.-15 Year-2026 Thana- KARTAHA District- Vaishali
                 ======================================================
                 Sanjay Singh Son of Mahendra Singh Resident of Village- Thegadih, P.S.-
                 Kartahan, District- Vaishali, Bihar

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Deepak Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Nityanand, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. This application, for grant of anticipatory bail,

                   arises out of Kartahan Police Station Case No. 15 of 2026,

                   disclosing offences under Sections 283 and 3(5) of Bharatiya

                   Nyaya Sanhita and 30(a), 36 and 41(1) of Bihar Prohibition and

                   Excise Act, 2022.

                                3. The prosecution case, in brief, is that on

                   04.02.2026, the police received secret information from the

                   Prohibition & State Narcotics Control Bureau, Bihar, Patna, that

                   liquor traders Prince Kumar and Sanjay Singh (petitioner) had

                   stored illegal liquor in demolished house of the petitioner. On

                   such information, the police, along with the ALTF team,

                   conducted search of the premises and recovered total of 244.3
           Patna High Court CR. MISC. No.18522 of 2026(2) dt.08-04-2026
                                                       2/2




                     litres of illegal IMFL.

                                   4. Learned counsel for the petitioner submits that the

                     petitioner is innocent and has been falsely implicated due to

                     village politics. The alleged recovery was made from a

                     demolished and open house, accessible to all, which does not

                     belongs to the petitioner. The petitioner has no concern with the

                     alleged liquor, co-accused, or illegal trade. No incriminating

                     article has been recovered from the conscious physical

                     possession or premises belonging to the petitioner.

                                  5. Regards being had to the submissions made by the

                     parties, taking into consideration the seizure list showing that

                     liquor has been recovered from the house of the petitioner, and

                     the fact that a huge quantity of liquor, i.e., total 2443.68 litres of

                     IMFL, has been recovered from the petitioner’s house and the

                     petitioner is also having criminal antecedent of serious nature of

                     offence, I am not inclined to grant the petitioner the privilege of

                     anticipatory bail.

                                  6. Accordingly, the prayer for bail is rejected.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T

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