Patna High Court
Sanjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner, subject to specified bond and conditions.
Summary
The petitioner, Sanjeet Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 40 litres of illicit liquor was seized, including 10 litres from a bag on a motorcycle. He contended he had no ownership or possession of the motorcycle or the liquor, and his name appeared only through a local watchman's disclosure, with no independent witness to the seizure. The State opposed bail, citing the petitioner’s prior similar offences, though he was already on bail for those cases. The Court, after considering the lack of direct involvement and the petitioner’s cooperation, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, including familial surety and cooperation with investigation. The bail order is effective if the petitioner surrenders within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the allegations under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s alleged prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- illicit liquor
- bail conditions
- Cr.P.C. Section 438
- BNSS Section 482
- Bihar Prohibition Act
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24997 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- KARAKAT District- Rohtas
======================================================
Sanjeet Kumar S/o Late Arjun Paswan Resident of Village- Chiksil, P.S.-
Karakat, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. The allegation in the First Information Report is
that a total 40 litres of country made liquor has been recovered
out of which 10 litres was recovered from a bag which was hung
from motorcycle bearing Registration No.BR03Z-5860.
4. Learned counsel for the petitioner submits the
the petitioner has no concern either with the motorcycle or with
the seized liquor. The name of the petitioner has transpired only
upon disclosure made by the local chaukidar. It has been further
submitted that there is no independent witness to the search and
seizure. There is no recovery from personal or conscious
possession of the petitioner.
Patna High Court CR. MISC. No.24997 of 2026(2) dt.01-05-2026
2/2
5. Learned APP for the State opposed the prayer
for anticipatory bail on the ground that the petitioner has
criminal antecedents of similar nature. However, in response it
has been submitted that the petitioner is on bail in the said cases.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioner, be
released on bail, in the event of his arrest or surrender before the
learned Court below within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Karakat P.S. Case No. 91 of 2026,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, subject to further condition(s):
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother, sister.
(ii) The petitioner shall co-operate with the
investigation, if not already concluded and make
himself available as and when so required, failing
which the prosecution will be at liberty to move
cancellation of his bail bond.
(Soni Shrivastava, J)
anand/-
U T
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