Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to a bond and specified conditions.
Summary
Sanjay Kumar was arrested on 29 January 2026 in connection with the seizure of 86,400 litres of illegal foreign liquor, alleged to be in violation of Sections 318(4), 338, 336(3), 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner pleaded that he has a clean antecedent, was not the owner of the vehicle from which the liquor was seized, and that the seizure list was prepared by police, alleging non‑compliance with Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to a person accused of offences under the Bharatiya Nyay Sanhita and the Bihar Prohibition and Excise Act involving large‑scale illegal liquor seizure.
- Whether alleged non‑compliance with Sections 103 and 105 of the Bharatiya Nyay Sanhita affects the grant of bail.
- Whether the fact that the seized liquor was recovered from a vehicle not owned by the petitioner negates his liability for the offences.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103, 105, 318(4), 336(3), 338, 3(5)
Subjects
- bail
- illegal liquor
- excise law
- criminal procedure
- seizure
- ownership
- non‑compliance
- Bharatiya Nyay Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26535 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- BARACHATTI District- Gaya
======================================================
Sanjay Kumar Son of Late Ravindra Singh Resident of Village - Banauri,
P.S.- Saraiya, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Jitendra Kumar, learned counsel for the
petitioner and Mr. Madan Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
29.01.2026 in connection with Barachatti P.S. Case No. 44 of
2026, F.I.R. dated 29.01.2026 for the offences punishable under
Section 318(4), 338, 336(3), 3(5) of Bharatiya Nyay Sanhita,
2023 and 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 86.400 liters of illegal foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. 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
Patna High Court CR. MISC. No.26535 of 2026(2) dt.22-04-2026
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the recovery has been made from vehicle in question and the
petitioner is not the owner of the vehicle in question. He further
submits that seizure list witnesses are police personnel and there
is non-compliance of Section 103 and 105 of BNSS and the
petitioner is in custody since 29.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
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 Exclusive
Special Excise Court No.5, Gaya in connection with Barachatti
P.S. Case No. 44 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.
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
Patna High Court CR. MISC. No.26535 of 2026(2) dt.22-04-2026
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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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