Patna High Court
Sanjiv KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioners subject to prescribed conditions.
Summary
The petitioners, Sanjiv Kumar and Santosh Kumar, were arrested in connection with an Excise case alleging possession of 60 litres of country-made liquor, alleged to be recovered from their motorcycle. They contended they were innocent, had no incriminating material in their possession, and were merely fleeing the police, with no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The Court, considering the facts, the length of custody since 13‑11‑2025, and the lack of direct evidence, decided to grant bail. The bail was ordered on a bond of Rs. 15,000 with two sureties each, subject to conditions including family surety and regular appearance before the trial court.
Issues considered
- Whether bail should be granted to the accused in an offence under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- excise offence
- liquor seizure
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2797 of 2026
Arising Out of PS. Case No.-746 Year-2025 Thana- Excise P.S. District- Lakhisarai
======================================================
1. Sanjiv Kumar Son of Jugesar Yadav @ Jugeshwar Yadav Resident of
English Mohalla, P.S. - Lakhisarai, District - Lakhisarai.
2. Santosh Kumar Son of Ajay Saw Resident of English Mohalla, P.S. -
Lakhisarai, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr.Anant Kumar 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Excise
P.S. Case No. 746 C2 of 2025, instituted for the offences
punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 60 liters of
country made liquor was recovered from motorcycle.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.2797 of 2026(2) dt.19-01-2026
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got no concern with the alleged recovery of liquor. Petitioner
No.1 is the owner of motorcycle and petitioner No.2 was pillion
rider. At the time of raid, petitioners were not wearing Helmet
and on seeing Police they started fleeing due to which they have
falsely been implicated in this case. The petitioners are in
custody since 13.11.2025. The petitioner No.1 has one criminal
antecedent, whereas petitioner no.2 has no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. Case No.
746 C2 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
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date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
manish/-
U T
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