Created by Fuzzy Cloud

Patna High Court

Sanoj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to the conditions specified by the Court.

Summary

The Patna High Court considered the bail application of Sanoj Kumar, who was arrested for the recovery of 466.560 litres of illicit liquor under Sections 30(a), 32(3) and 41(i)(ii) of the Bihar Prohibition and Excise Act. The petitioner, in custody since 25 February 2026, claimed innocence and offered to donate Rs 25,000 to a charitable organization without admitting guilt. The State opposed the bail. After evaluating the facts and submissions, the Court granted bail on the condition that the petitioner furnish a bail bond of Rs 10,000 with two sureties, deposit Rs 25,000 with the Ramakrishna Mission Ashram, and attend Mahuaa Police Station every Sunday, with automatic cancellation if he is later implicated in any Excise or NDPS case. The order is limited to the bail application and does not prejudice the merits of the trial. Consequently, the petitioner was released on bail subject to the stipulated conditions.

Issues considered

  • Whether bail can be granted in offences punishable under the Bihar Prohibition and Excise Act
  • Whether the conditions imposed by the Court are appropriate and lawful for the grant of bail

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • excise
  • criminal procedure
  • surety
  • charitable donation
  • police attendance
  • NDPS Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27437 of 2026
                        Arising Out of PS. Case No.-54 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
                 Sanoj Kumar S/O Late Nagina Rai Resident of Village- Mahua Singh Rai,
                 Ward No. 15, P.S- Mahuaa, Dist.- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Anish Kumar
                 For the Opposite Party/s :         Mr.Md. Anzarul Haque Sahara
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-04-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in connection with Sadar

                   Excise P.S. Case No. 54 of 2026 registered for the offence under

                   Section 30(a), 32(3), 41(i)(ii) of the Bihar Prohibition and

                   Excise Act.

                                 3. The recovery is of 466.560 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 25.02.2026.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                 6. Learned APP appearing for the State opposes the

                   prayer for bail of the petitioner.
Patna High Court CR. MISC. No.27437 of 2026(2) dt.28-04-2026
                                            2/3




                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned concerned

          Court below in connection with Sadar Excise P.S. Case No. 54

          of 2026.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashram, Bela, Muzaffarpur a nd produce the

          receipt of the same before the Court below. The bail bonds of

          the petitioner shall be accepted after verifying the genuineness

          of the receipt produced by the petitioner.

                          9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Mahuaa Police Station on every Sunday of each month. Any

          default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                          10. It is made clear that if the petitioner, in future,

          is found to be involved in any other case registered under the

          provisions of Excise/NDPS Act then his bail bonds shall

          automatically be cancelled.
          Patna High Court CR. MISC. No.27437 of 2026(2) dt.28-04-2026
                                                      3/3




                                    11. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                                (Sandeep Kumar, J)
Vikas/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.