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Patna High Court

Sanjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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