Patna High Court
Sanjeev Kumar Singh @ Sanjeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail in the present case.
Summary
The petitioner, Sanjeev Kumar Singh, applied for bail in a case (Balrampur P.S. Case No.49 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 330.375 litres of foreign liquor were seized. The prosecution alleged the liquor was recovered from a pick‑up, but the petitioner claimed he had no possession of the liquor and was merely named by another arrested individual, Pappu Kumar Singh, who had already been granted bail. The petitioner had been in judicial custody since 17‑Nov‑2025, and the State opposed bail citing two prior criminal cases. After hearing both sides, the Court considered the lack of direct possession, the prior bail granted to the co‑accused, and the petitioner’s circumstances. The Court ordered the petitioner to be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act despite the seizure of foreign liquor.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- foreign liquor
- criminal antecedent
- excise law
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19778 of 2026
Arising Out of PS. Case No.-49 Year-2025 Thana- BALRAMPUR District- Katihar
======================================================
Sanjeev Kumar Singh @ Sanjeet Kumar S/O Late Ashok Singh Resident of
Village- Khajauli, P.S.- Khajauli, Dist- Madhubani, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Balrampur P.S. Case No.49 of 2025 registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that from a
pick-up altogether 330.375 liters of foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. In this case one Pappu Kumar
Singh was apprehended and he has named this petitioner.
Learned counsel for the petitioner has further submitted that the
Patna High Court CR. MISC. No.19778 of 2026(2) dt.25-03-2026
2/2
said Pappy has been granted bail by the learned Co-ordinate
Bench of this Court vide Cr. Misc. No. 27198 of 2025. Learned
counsel for the petitioner has further submitted that the
petitioner is in judicial custody since 17.11.2025.
5. The application for bail is opposed by learned APP
for the State. Learned APP has stated that the petitioner is
having criminal antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Exclusive Special Judge, Excise court no.1, Katihar in
connection with Balrampur P.S. Case No.49 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
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