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Patna High Court

Sanjeev Kumar @ Alok KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with a bond and conditions.

Summary

The petitioner, Sanjeev Kumar, was arrested on 16 March 2026 in connection with a 2021 case involving the alleged possession of 117 litres of foreign liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that the liquor was seized from a vehicle he owned and that he had no conscious possession, also alleging non‑compliance of Sections 103 and 105 of the BNSS. The prosecution opposed bail, citing five prior criminal convictions of a similar nature, though noting the petitioner was already on bail in other pending matters. The High Court considered the facts, the lack of direct possession, and the petitioner’s antecedents, 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 order directed that bail should not be delayed for verification purposes.

Issues considered

  • Whether the petitioner is entitled to bail despite alleged possession of foreign liquor under the Bihar Prohibition and Excise Act, 2018.
  • Whether non‑compliance of Sections 103 and 105 of the BNSS bars the grant of bail.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

  • BNSS — s. 103, 105

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • foreign liquor
  • possession
  • prior criminal antecedents
  • Section 30
  • BNSS
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26584 of 2026
                        Arising Out of PS. Case No.-107 Year-2021 Thana- FALKA District- Katihar
                 ======================================================
                 Sanjeev Kumar @ Alok Kumar S/O Late Kulanand Yadav R/O Vill.-
                 Barbanna, P.S.- Raniganj, Dist.- Araria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                        Heard Mr. Ram Prawesh Kumar, learned counsel

                   for the petitioner and Mr. Akbar Ali, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   16.03.2026 in connection with Falka P.S. Case No. 107 of 2021,

                   F.I.R. dated 07.04.2021 for the offences punishable under

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

                               3. Recovery is of 117 liters of foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent 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 the recovery has

                   been made from vehicle in question and the petitioner has been
Patna High Court CR. MISC. No.26584 of 2026(2) dt.22-04-2026
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          made accused merely on the basis that he is the owner of the

          vehicle in question. He further submits that there is non-

          compliance of Section 103 and 105 of BNSS and the petitioner

          is in custody since 16.03.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries five criminal antecedents 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 pending matters.

                       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-II, Katihar in connection with Falka P.S.

          Case No. 107 of 2021, 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
            Patna High Court CR. MISC. No.26584 of 2026(2) dt.22-04-2026
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                       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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