Patna High Court

Sanjeev Kumar @ Sanjeev YadavversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioner subject to monetary and procedural conditions.

Summary

The petitioner, Sanjeev Kumar Yadav, was arrested in connection with a case under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act after 522 litres of liquor were recovered from a pickup and a car. He contended that he was merely sitting in the vehicle, had no knowledge of the liquor, and that no incriminating material was found in his possession, though he has two prior criminal antecedents and has been in custody since 21‑11‑2025. The State opposed bail, while the petitioner’s counsel argued lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court, after considering the facts, the period of custody, and the procedural lapse, decided to grant bail. Bail was set at Rs.15,000 with two sureties, subject to conditions regarding family surety, regular appearance, and cancellation if the petitioner commits a similar offence.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Impact of the petitioner’s prior criminal antecedents on the bail decision.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition act
excise
liquor seizure
criminal procedure
prior antecedents
surety
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2954 of 2026
                      Arising Out of PS. Case No.-232 Year-2025 Thana- JALALGARH District- Purnia
                 ======================================================
                 Sanjeev Kumar @ Sanjeev Yadav son of Chandrakishor Yadav R/v- Hasanpur
                 ward no. 11 Ps- Raniganj District- 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.Manoj Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Jalalgarh P.S. Case No. 232 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 45 of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that total 522

                   liters liquor was recovered. Out of which 480 litres liquor was

                   recovered from Pickup and 42 litres of liquor was recovered

                   from car.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.2954 of 2026(2) dt.19-01-2026
                                            2/3




          no concern with the alleged recovery of liquor. The petitioner is

          not the owner of the vehicle rather he has been found siting in

          the car. The petitioner has no knowledge about goods loaded on

          the vehicle. The petitioner is in custody since 21.11.2025 and

          has got two criminal antecedents. 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 petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Jalalgarh P.S. Case

          No. 232 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every 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 petitioner.
           Patna High Court CR. MISC. No.2954 of 2026(2) dt.19-01-2026
                                                       3/3




                                  (III) If the petitioner is found involved in similar

                     nature of offence in future, the Trial Court will have the liberty

                     to cancel the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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