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Patna High Court

Sanjay Kumar Rai @ Sanjay RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and specified conditions.

Summary

Sanjay Kumar Rai was arrested on 20 February 2026 for alleged possession of six litres of country-made liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner contended that the liquor was recovered from his house and not from his conscious possession, that the seizure was effected by police and a local chowkidar, and that the investigation violated Sections 103 and 105 of the BNSS. The State opposed bail, citing a prior similar criminal antecedent, though it acknowledged the petitioner was already on bail in the same matter. The Court examined the facts, the alleged procedural lapses, and the petitioner’s claim of innocence, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was made without delaying the acceptance of the bond for the purpose of verification.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether non‑compliance of Sections 103 and 105 of the BNSS warrants denial of bail.
  • Whether the petitioner’s prior criminal antecedent affects the grant of bail.

Legislation cited

  • BNSS — s. 103, 105

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal antecedent
  • procedural compliance
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26473 of 2026
                        Arising Out of PS. Case No.-96 Year-2026 Thana- MASHRAK District- Saran
                 ======================================================
                 Sanjay Kumar Rai @ Sanjay Rai S/o Ashrafi Rai Resident of Village- sluri,
                 P.S.- Mashrakh, District- Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rahul Raj, Advocate
                 For the Opposite Party/s :       Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                         Heard Mr. Rahul Raj, learned counsel for the

                   petitioner and Mr. Anand Kishore Choudhary, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   20.02.2026 in connection with Mashrakh P.S. Case No. 96 of

                   2026, F.I.R. dated 19.02.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 6 liters of country made liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case merely on the basis of suspicion. He further

                   submits that it appears from the F.I.R. as well as seizure list that

                   nothing has been recovered from the conscious possession of

                   the petitioner rather the recovery has been made from behind the
Patna High Court CR. MISC. No.26473 of 2026(2) dt.22-04-2026
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          house of the petitioner. He further submits that seizure list

          witnesses are police personnel and a local chowkidar and there

          is non-compliance of Section 103 and 105 of BNSS and the

          petitioner is in custody since 20.02.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries one criminal antecedent other

          than the present one of similar nature but fairly submits on the

          basis of paragraph-3 of the bail application that the petitioner is

          on bail in the said matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, 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 2 nd

          Exclusive Special Excise Judge, Saran, Chapra in connection

          with Mashrakh P.S. Case No. 96 of 2026, subject to the

          following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court and

           on his absence on two consecutive dates without sufficient

           reason, his bail bond shall be cancelled by the Court below.
            Patna High Court CR. MISC. No.26473 of 2026(2) dt.22-04-2026
                                                        3/3




                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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