Patna High Court
Sanoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bond and conditions under the BNSS, 2023.
Summary
The petitioner, Sanoj Kumar, feared arrest in an excise case (Case No. 373 of 2024) involving the alleged recovery of 280.310 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. He contended that he was merely the owner of the vehicle in question, that no illicit substance was found in his possession, and that he had a clean criminal record. The State opposed his request for anticipatory bail, arguing that the circumstances warranted detention. The Court examined the petitioner's claim of innocence and the lack of direct evidence linking him to the seized liquor. Accordingly, the Court granted anticipatory bail, subject to a Rs.30,000 bond and conditions prescribed under Sections 2(1)(d) and 482(2) of the Bihar Non‑Suo‑Sponte Bail Scheme, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged involvement in the illicit liquor case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
- Whether the facts disclosed justify the denial of bail under the Bihar Non‑Suo‑Sponte Bail Scheme, 2023.
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Section 30
- BNSS 2023
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21952 of 2026
Arising Out of PS. Case No.-373 Year-2024 Thana- Excise P.S. District- Purnia
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Sanoj Kumar Son of Gajendra Yadav R/o Vill. - Ghoghanpatti ward no. 2,
Dhabauli, P.S. - Patarghat, District - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Excise P.S. Case No. 373 of 2024, dated 02.04.2024,
lodged under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2016.
3. As per the prosecution, total recovery of 280.310
litres of illicit liquor has been made, which is the subject matter
of the present case.
4.Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the petitioner is the owner of the said
alleged vehicle, but the petitioner was neither arrested from the
spot nor was anything illicit recovered from his possession.
Patna High Court CR. MISC. No.21952 of 2026(2) dt.16-04-2026
2/2
Counsel also submits that the criminal antecedent of the
petitioner is clean.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Judge Excise-II, Purnea, in
connection with Excise P.S. Case No. 373 of 2024, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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