Patna High Court
Sanjay Kumar @ Sanjay @ Sanjay RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
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
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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
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the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
manish/-
U T
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