Patna High Court
Sanjay Kumar @ Sanjay SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to a Rs.10,000 bond, two sureties, and a weekly attendance condition.
Summary
The petitioner, Sanjay Kumar, was arrested in connection with the seizure of 9.200 litres of illicit country-made liquor under sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act. He had been in custody since 18 December 2025 and claimed innocence despite having three prior criminal antecedents. The State opposed his request for regular bail. The High Court, after considering the facts and the petitioner's submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount. The court also imposed a condition that the petitioner must appear at the Kishanganj Police Station every Sunday, with non‑appearance leading to cancellation of bail.
Issues considered
- Whether regular bail should be granted to a person accused under sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act despite prior criminal antecedents.
- Whether the bond amount and surety conditions are sufficient for the grant of bail.
Subjects
- bail
- prohibition
- excise
- illicit liquor
- criminal antecedents
- conditions of bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22140 of 2026
Arising Out of PS. Case No.-1051 Year-2025 Thana- Excise P.S. District- Kishanganj
======================================================
Sanjay Kumar @ Sanjay Sahni S/o- Chalitar Sahni Resident of village-
Mallah Basti Ward No. 24 , P.S.- Kishanganj, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amal Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Kishanganj Madya Nisedh P.S. Case No. 1051 of 2025
registered for the offence under sections 30(a) and 32(3) of the
Bihar Prohibition & Excise Act.
3. The recovery is of 9.200 litres of illicit country-
made liquor from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has three criminal antecedents. He
further submits that the petitioner is in custody since 18.12.2025
without any fault.
5. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
Patna High Court CR. MISC. No.22140 of 2026(2) dt.08-04-2026
2/2
6. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioner,
this application is allowed.
7. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Excise-II,
Kishanganj/ concerned Court below, in connection with
Kishanganj Madya Nisedh P.S. Case No. 1051 of 2025.
8. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Kishanganj Police Station, District- Kishanganj on every
Sunday of the month. Any default in appearance at the Police
Station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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