Patna High Court
Sanjay Kumar Rai @ Sanjay RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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