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Patna High Court

Sanjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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