Patna High Court
Sanjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The bail application was allowed subject to specified conditions.
Summary
The petitioner, Sanjeet Kumar, was arrested in connection with a case involving 41.8 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 22 February 2026 and had a prior criminal antecedent from a 2023 case. The petitioner claimed innocence and offered to donate Rs. 25,000 to a charitable organization as a condition for bail, without admitting guilt. The State opposed the bail, but the court considered the custody period, the nature of the offence, and the petitioner’s antecedents. The court allowed the bail application, directing release on a Rs. 10,000 bond with two sureties, subject to the donation, monthly police attendance, and verification of criminal antecedents. The order was made clear to be prima facie and not to affect the trial’s merits.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act involving illicit liquor possession.
- Whether the petitioner’s offer to donate Rs. 25,000 and his prior criminal antecedent affect the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- donation condition
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28553 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- HARNAUT District- Nalanda
======================================================
Sanjeet Kumar S/o Pappu Ram R/o vill - Dosut, P.S.- Wena, Distt.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash
For the Opposite Party/s : Mr. Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Harnaut P.S. Case No. 89 of
2026, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 41.8 liters of illicit
liquor have been recovered from the loaded goods sack and bag.
The petitioner is in custody since 22.02.2026 and has one
criminal antecedent bearing Harnaut P.S. Case No. 706 of 2023.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
submitted that the petitioner undertakes to donate a sum of Rs.
Patna High Court CR. MISC. No.28553 of 2026(2) dt.11-05-2026
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25,000/- (Rupees Twenty-Five Thousand only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Harnaut P.S. Case
No. 89 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Ashrama, Ramakrishna
Avenue, Nala Road, Patna, Bihar and shall
produce a valid receipt thereof before the court
below. The bail bonds shall be accepted only after
verification of the genuineness of the said receipt.
(ii). The petitioner shall mark his
attendance at Wena Police Station on every 1st
Sunday of each month. In the event of default, the
Patna High Court CR. MISC. No.28553 of 2026(2) dt.11-05-2026
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bail bonds shall be liable to be cancelled.
(iii). Before accepting the bail bonds of
the petitioner, the court below shall verify the
petitioner’s criminal antecedents. If it is found that
the petitioner has any criminal antecedents other
than Harnaut P.S. Case No. 706 of 2023, the bail
bonds shall not be accepted. However, if the
petitioner is found to have only one criminal
antecedent, namely Harnaut P.S. Case No. 706 of
2023, the bail bonds shall be accepted by the court
below. Such verification shall not, however, be used
as a ground to unnecessarily delay the acceptance
of the bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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