Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioners subject to bond, donation, and attendance conditions.
Summary
The petitioners, Sanjay Kumar and Abhinav Anand, were arrested for possession of 105 litres of illicit Indian-made foreign liquor, alleged under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. They applied for regular bail, claiming innocence; one had a clean record while the other had a prior criminal antecedent, and they had been in custody since 13 February 2026. The petitioners offered to donate Rs.25,000 each to a charitable organization without admitting guilt. The State opposed the bail, but the court, after considering the facts and submissions, allowed the bail application. The court ordered bail bonds of Rs.10,000 each with two sureties, a mandatory donation of Rs.25,000 each to Ramakrishna Math, and weekly attendance at the police station, with non‑compliance leading to cancellation of bail.
Issues considered
- Whether bail should be granted to accused persons charged under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.
- Whether the petitioners' prior criminal antecedent affects the grant of bail.
- Whether the conditions imposed (bond, charitable donation, weekly police attendance) are lawful and appropriate.
Subjects
- bail
- prohibition law
- illicit liquor
- regular bail
- criminal antecedent
- excise offence
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25956 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- GALGALIYA District- Kishanganj
======================================================
1. Sanjay Kumar S/o Jago Choudhary R/o - Chhrrapatti, Ward no. 04,Karauti
Bazar, PS - Udakishanganj, District - Madhepura
2. Abhinav Anand S/o Lalan Yadav @ Lalan Kumar Yadav R/o - Chhrrapatti,
Ward no. 04,Karauti Bazar, PS - Udakishanganj, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek regular bail in connection with
Galgaliya P.S. Case No. 14 of 2026 registered for the offence
under section 30(a) of the Bihar Prohibition & Excise
(Amendment) Act, 2022.
3. The recovery is of 105 litres of illicit Indian made
foreign liquor from the roof of the auto.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and petitioner no. 1 has clean antecedent
and petitioner no. 2 has one criminal antecedent. He further
submits that the petitioners are in custody since 13.02.2026
Patna High Court CR. MISC. No.25956 of 2026(2) dt.20-04-2026
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without any fault.
5. Learned counsel for the petitioners also submits
that the petitioners are ready to donate Rs.25,000/- each in some
charitable organization without accepting their guilt.
6. Learned APP appearing for the State opposes the
prayer of the petitioners for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioners,
this application is allowed.
8. Let the petitioners, above named, be released on
bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each
to the satisfaction of learned Exclusive Special Judge Excise -I,
Kishanganj/ concerned Court below, in connection with
Galgaliya P.S. Case No. 14 of 2026.
9. This is also subject to the condition that the
petitioners shall deposit an amount of Rs.25,000/- each in
Ramakrishna Math, Bhatta Bazar, Purnea and produce the
receipt of the same before the Court below. The bail bonds of
the petitioners shall be accepted after verifying the genuineness
of the receipt produced by the petitioners.
10. As a condition of this order, the petitioners after
Patna High Court CR. MISC. No.25956 of 2026(2) dt.20-04-2026
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being released on bail, is directed to mark their attendance at
Udakishanganj Police Station, District- Madhepura on every
Sunday of the month. Any default in appearance at the Police
Station will result in cancellation of bail bonds of the
petitioners.
(Sandeep Kumar, J)
tusharika/-
U T
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