Patna High Court
Sanjeev Kumar @ Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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