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Patna High Court

Sanjay Kumar @ Sanjay @ Sanjay RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to specified conditions.

Summary

The petitioners, Sanjay Kumar and Avinash Kumar, were arrested in connection with a case alleging possession of 210 litres of Mahua liquor, violating Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. They contended that the liquor was recovered from an open public area, that they had no possession or involvement, and that no incriminating material linked them to the offence. The State opposed bail, arguing the seriousness of the offences. The Court noted the lack of material evidence, the petitioners' clean record, and the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and therefore inclined to grant bail. Bail was ordered on the condition of a Rs.15,000 bond per petitioner, two sureties, a family member as bailor, and mandatory appearance at every trial date, with cancellation possible on two consecutive defaults.

Issues considered

  • Whether bail should be granted to the accused in a case under the Bihar Prohibition and Excise Act and Bharatiya Nyaya Sanhita, 2023.
  • Whether the lack of possession and absence of incriminating material justify bail.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • possession
  • section 103
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2380 of 2026
                      Arising Out of PS. Case No.-156 Year-2025 Thana- VIDYAPATINAGAR District-
                                                        Samastipur
                 ======================================================
           1.     Sanjay Kumar @ Sanjay @ Sanjay Ray S/O Late Shatrudhan Ray Resident
                  of Village- Bamaura, P.S.- Vidyapatinagar, Dist- Samastipur.

           2.    Avinash Kumar @ Avinash Ray @ Abhinash Kumar S/O Bhola Rai Resident
                 of Village- Chamtha, P.S.- Bachwara, Dist- Begusarai.

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shashank Shekhar, Advocate
                 For the Opposite Party/s :      Ms.Asha Devi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   21-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with

                   Vidyapatinagar P.S. Case No. 156 of 2025, instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act and Sections 274, 275 and 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that 210 liters

                   Mahua liquor was recovered from bushes.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.2380 of 2026(2) dt.21-01-2026
                                            2/3




          the conscious possession of the petitioners. The petitioners have

          got no concern with the alleged recovery of liquor. Learned

          counsel for the petitioner further submitted that the recovery has

          been made from open place, which is accessible to public at

          large. The petitioners are in custody since 17.12.2025 and have

          got no criminal antecedent. There is no compliance of Section

          103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                       7. Let the petitioners be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

          two sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Vidyapatinagar P.S.

          Case No. 156 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioners.

                       (II) The petitioners shall appear on each and every

          date fixed at the trial. In case of default in such appearance on

          two consecutive dates, the Trial Court will have liberty to cancel
           Patna High Court CR. MISC. No.2380 of 2026(2) dt.21-01-2026
                                                       3/3




                     the bail bonds of the petitioners.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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