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Patna High Court

Sanni KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond of Rs.10,000 and two sureties.

Summary

The petitioner, Sanni Kumar, sought anticipatory bail in connection with a case registered under sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act for the alleged possession of 53.22 litres of illicit foreign liquor recovered from an e‑rickshaw. He contended that he was merely the owner of the e‑rickshaw, which had been hired to a co‑accused, and asserted that he had no criminal antecedents. The State opposed the bail, arguing that the offence was serious. After considering the facts, the court found no reason to deny bail and ordered that the petitioner be released on furnishing a bail bond of Rs.10,000 with two sureties, provided he surrenders within six weeks. The order was directed to be complied with by the Exclusive Special Excise Court No.03, Saran.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition & Excise Act.
  • Whether the petitioner is likely to flee or tamper with evidence in the pending excise case.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • criminal procedure
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.26104 of 2026
                       Arising Out of PS. Case No.-258 Year-2025 Thana- Excise P.S. District- Saran
                 ======================================================
                 Sanni Kumar S/O Manoj Sah Resident of Village- Khemaji Tola (Sandha
                 Dhala) P.S.- Chapra Muffasil, District- Saran

                                                                                        ... ... Petitioner
                                                         Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :          Mr. Rakesh Kumar, Advocate
                 For the Opposite Party :          Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-05-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2.       The petitioner seeks anticipatory bail in

                   connection with Sadar Excise P.S. Case No.258 of 2025

                   registered for the offence under sections 30(a) and 32(3) of the

                   Bihar Prohibition & Excise Act.

                                   3.       The recovery is of 53.22 litres of illicit

                   foreign liquor from an e-rickshaw.

                                   4.       Learned counsel for the petitioner submits

                   that the petitioner is innocent and has no criminal antecedent.

                   He further submits that the petitioner is the owner of said e-

                   rickshaw and has given the same on hire to the co-accused

                   Jhagaru Kumar @ Kanhaiya Sah.

                                   5.       Learned APP appearing for the State opposes
              Patna High Court CR. MISC. No.26104 of 2026(2) dt.06-05-2026
                                                          2/2




                        the prayer of the petitioner for grant of bail.

                                        6.      Considering the facts and circumstances of

                        the case and also the submissions of learned counsel for the

                        petitioner, this bail application is allowed.

                                        7.      Let the petitioner, above named, in the event

                        of his arrest/surrender within six weeks from today in the Court

                        below, be released on bail on furnishing bail bond of Rs.

                        10,000/- (Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned Exclusive Special Excise

                        Court No.03, Saran at Chapra / concerned Court below, in

                        connection with Sadar Excise P.S. Case No.258 of 2025.



                                                                (Sandeep Kumar, J)

pawan/-

U         T


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