Patna High Court
Sanjay @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to bond and compliance conditions.
Summary
The petitioner, Sanjay Kumar, a driver, was arrested on 29 November 2025 in connection with the seizure of 3529.83 litres of foreign liquor from his truck, alleged under Section 318(4)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no conscious possession of the liquor and was innocent. The State opposed bail, but the court, considering the custody period and the material on record, granted regular bail. The bail was conditioned on a Rs.10,000 bond with two sureties, monthly attendance at Sonipat Police Station, and regular appearance in trial. The order emphasized that its observations were prima facie and not to influence the trial's merits.
Issues considered
- Whether regular bail should be granted to the accused in a case involving alleged possession of foreign liquor under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act.
- Whether the petitioner is likely to flee, tamper with evidence, or otherwise obstruct the trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 3(5)
Subjects
- bail
- regular bail
- foreign liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- possession
- driver
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19889 of 2026
Arising Out of PS. Case No.-269 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
======================================================
Sanjay @ Sanjay Kumar S/o Surajbhan R/o Village - Ahmedpur Majra (A.P
Majra), P.S - Gohana, District - Sonipat, State - Haryana
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : Mr. Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 16-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Buxar (Industrial) P.S. Case No. 269 of 2025 registered for the
offence under Section(s) 318(4)/3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, 3529.83 liters of
foreign liquor was recovered from the truck in question.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 29.11.2025. It is further submitted
that the petitioner is the driver of the truck and nothing
incriminating has been recovered from the conscious possession
Patna High Court CR. MISC. No.19889 of 2026(3) dt.16-04-2026
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of the petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the period of custody and the materials available on record, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Buxar Industrial
P.S. Case No. 269 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Sonipat Police Station,
Haryana on the first and third Sunday of
each month. Any default in appearance at
the Police Station would result in
cancellation of bail bond of the petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. Let a copy of this order be communicated to the
Commissioner of Police (ADGP), Sonipat through FAX or e-
Patna High Court CR. MISC. No.19889 of 2026(3) dt.16-04-2026
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mail for immediate compliance.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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