Created by Fuzzy Cloud

Patna High Court

Sandeep KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioners, directing them to furnish bail bonds and sureties.

Summary

The petitioners, Sandeep Kumar and Dharamjeet Kumar, were arrested in connection with the seizure of 1,359 litres of illicit foreign liquor and 120 litres of spirit from a parcel van, alleged violations of sections 30(a) and 33 of the Bihar Prohibition and Excise Act. They contended that they had no possession of the contraband, were falsely implicated, and had no prior criminal record, having been in judicial custody since 14 February 2026. The State opposed the grant of regular bail, arguing the seriousness of the offence. The court examined the lack of an independent witness to the seizure list and the alleged non‑compliance with section 105 of the BNSS in preparing the seizure list. Considering these circumstances, the court decided to enlarge the petitioners on regular bail, directing them to furnish a bail bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Exclusive Special Excise Court. The bail order effectively released the petitioners pending trial.

Issues considered

  • Whether regular bail should be granted to the accused under sections 30(a) and 33 of the Bihar Prohibition and Excise Act.
  • Whether the alleged non‑compliance with section 105 of the BNSS in preparing the seizure list warrants bail.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • seizure list
  • section 105 compliance
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28298 of 2026
                          Arising Out of PS. Case No.-30 Year-2026 Thana- Bahera District- Gaya
                 ======================================================
           1.     Sandeep Kumar S/o Kamal Roy R/o Village- Japharpur, PS- Danapur,
                  District- Patna
           2.    Dharamjeet Kumar S/o Ravinder Saw R/o Village- Japharpur, PS- Danapur,
                 District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-05-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections 30(a)

                   and 33 of the Bihar Prohibition and Excise Act.

                                3. The case of the prosecution is that from a parcel

                   van, altogether 1359 liters of illicit foreign liquor and 120 liters

                   of spirit were recovered.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence.

                   Learned counsel for the petitioners has submitted that nothing

                   has been recovered from the possession of the petitioners. They
            Patna High Court CR. MISC. No.28298 of 2026(2) dt.05-05-2026
                                                        2/2




                      have been falsely implicated in this case. They have no concern

                      with the alleged recovery and also they are unaware of the

                      alleged consignment. There is no independent witness of the

                      seizure list rather they police personnel and police has not

                      complied section 105 of BNSS while preparing the seizure list.

                      A statement has been made in para-3 of this petition that the

                      petitioners have got no criminal antecedent. Moreover, they are

                      languishing in judicial custody since 14.02.2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be released on bail in connection with

                      Bahera P.S. Case No. 30 of 2026 on furnishing bail bond of

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

                      amount each to the satisfaction of learned Exclusive Special

                      Excise Court No. 5, Gaya.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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