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Patna High Court

Sanjeev KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.

Summary

The petitioner, Sanjeev Kumar, was arrested in connection with a case involving the seizure of 801.1 litres of Nepali-made liquor from a bamboo clamp. He was charged under Sections 274, 275, 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The prosecution alleged his involvement, while his counsel argued that the liquor was recovered from the clamps of Munshi Yadav and Chandeshwar Yadav, not from the petitioner, and that he had no connection to them. The petitioner had been in judicial custody since 24 January 2026 and sought bail. After hearing both sides, the court found the petitioner's lack of direct involvement credible and granted bail on a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner is liable for bail despite the seizure of illegal liquor allegedly linked to other persons
  • Whether the petitioner’s alleged lack of involvement with the seized liquor warrants the grant of bail
  • Appropriate bail conditions under the relevant statutes

Subjects

  • bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • BNS
  • Sections 274
  • Sections 275
  • Section 30(a)
  • judicial custody
  • excise law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.20830 of 2026
                  Arising Out of PS. Case No.-108 Year-2025 Thana- ANDHRAMATH District- Madhubani
                 ======================================================
                 Sanjeev Kumar S/o- Tarani Prasad Khatabe @ Tarini Mandal R/o - Chhatapur,
                 P.S - Andharamath, District - Madhubani

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

                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s :    Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :       Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                            ORAL ORDER

2   02-04-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner has prayed for bail in connection

                   with Andhramath P.S. Case No.108 of 2025 registered for the

                   offence punishable under Sections 274, 275, 3(5) of the BNS

                   and under Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act.

                               3. The case of the prosecution, in short, is that from a

                   bamboo clamp altogether 801.1 liter of nepali country made

                   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. Learned counsel for the

                   petitioner has further submitted that from perusal of the seizure
            Patna High Court CR. MISC. No.20830 of 2026(2) dt.02-04-2026
                                                        2/2




                      list it is clear that the recovery was made from bamboo clamp of

                      Munshi Yadav and Chandeshwar Yadav. Learned counsel for the

                      petitioner has submitted that the petitioner is not concerned in

                      any way with these two persons. Moreover, the recovery has

                      been made from an open place. Learned counsel for the

                      petitioner has submitted that the petitioner is in judicial custody

                      since 24.01.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   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, Jhanjharpur, Madhubani in

                      connection with Andhramath P.S. Case No.108 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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