Patna High Court
Sanjeev JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is denied due to the undue delay and the nature of the offence under the Bihar Prohibition and Excise Amendment Act.
Summary
The petitioner, Sanjeev Jha, sought anticipatory bail fearing arrest in a 2020 case under the Bihar Prohibition and Excise Amendment Act for alleged possession of 180 ml of foreign liquor. The prosecution’s FIR, filed by informant Akhil Kumar Singh, alleged that Jha was the owner of a motorcycle from which the liquor was seized, though the vehicle’s paperwork was not produced. The petitioner’s counsel argued innocence, while the State highlighted the six‑year gap between the FIR and the bail application. The Court considered the substantial delay and the seriousness of the offence under the Prohibition Act. Consequently, the Court rejected the anticipatory bail application, directing the petitioner to surrender within four weeks for trial. The matter is to be taken up promptly upon surrender.
Issues considered
- Whether anticipatory bail can be granted despite a six‑year delay since the FIR
- Whether the allegations under Sections 30(a) and 41(1)(2) of the Bihar Prohibition and Excise Amendment Act justify denial of anticipatory bail
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 41(1)(2)
Subjects
- anticipatory bail
- delay
- Bihar Prohibition and Excise Amendment Act
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22795 of 2026
Arising Out of PS. Case No.-363 Year-2020 Thana- UJIYARPUR District- Samastipur
======================================================
Sanjeev Jha Son of Brahmdev Jha R/O Vill- Pataili Jharkhara, P.S.-
Sarairanjan, Distt.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-05-2026 Heard the parties through virtual mode.
2. The petitioner is apprehending arrest in connection
with Ujiyarpur P.S. Case No. 363 of 2020 instituted under
Section 30(a), 41(1) (2) of the Bihar Prohibition and Excise
Amendment Act lodged on 06.12.2020 by the informant, Akhil
Kumar Singh.
3. As per the prosecution story, the informant alleged
that during night patrolling, the motorcycle rider was
intercepted. He tried to escape but later, the name was given as
Sujit Kumar. The paper of the motorcycle was not produced
and there is recovery/seizure of 180 ml. country made foreign
liquor. He gave the name of this petitioner as the owner of the
vehicle. This led to the FIR.
4. Though, learned counsel for the petitioner tried to
Patna High Court CR. MISC. No.22795 of 2026(3) dt.20-05-2026
2/2
impress about his innocence, learned APP, Mr. Jitendra Kumar
Singh submits that the FIR is of the year 2020 and six years
later, this anticipatory bail application.
5. Considering the aforesaid submissions of the
parties as also the delay in coming to the Court, the anticipatory
bail stands rejected.
6. If the petitioner surrenders within a period of four
weeks from today, the Court concerned shall take up the matter
and dispose it of preferably on the same day.
(Rajiv Roy, J)
Ravi/S.Prasad
U T
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