Patna High Court
Sanjeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as the petitioner had clean antecedents, the seized liquor was not in his conscious possession, and the prosecution failed to comply with Sections 103 and 105 of the BNSS, 2023.
Summary
The petitioner, Sanjeev Kumar, was arrested on 21 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2023, for the alleged possession of 846.720 litres of foreign liquor seized from a pick‑up van. He contended that the liquor was not in his conscious possession, that he was not the owner of the vehicle, and that the prosecution had not complied with Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The petitioner also highlighted his clean antecedents. The State opposed bail. The Court, noting the lack of direct possession, the non‑compliance of statutory procedures, and the petitioner's clean record, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions for cooperation, appearance, and non‑tampering with evidence. The bail order was directed to be implemented without delay for verification of antecedents.
Issues considered
- Whether bail should be granted when the seized contraband was not in the petitioner's conscious possession.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants bail.
- Whether the petitioner's clean antecedents justify bail despite the serious nature of the offence under the Bihar Prohibition & Excise (Amendment) Act, 2023.
Legislation cited
- Bihar Narcotic Substances (BNSS) Act — s. 103, 105
- Bihar Prohibition & Excise (Amendment) Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- seizure
- non‑compliance
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32607 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- SANOKHAR District- Bhagalpur
======================================================
Sanjeev Kumar S/O Late Janardhan Ray Resident of Village- Rupanpatti,
Police station- Sanokhar, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Manoj Kumar, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Dr. Manoj Kumar, learned counsel for the
petitioners and Dr. Kumar Uday Pratap, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
21.03.2026, in connection with Sanokhar P.S. Case No. 18 of
2026, F.I.R. dated 20.03.2026 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition &
Excise (Amendment) Act, 2023.
3. Recovery is of 846.720 litres of country made
foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it
appears from the F.I.R. as well as seizure list that nothing has
Patna High Court CR. MISC. No.32607 of 2026(2) dt.13-05-2026
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been recovered from the conscious possession of the petitioner
rather recovery has been made from the Pick-up van in question
and the petitioner is not the owner of the Pick-up van in
question. It appears from the seizure list that the seizure list
witnesses are police personnel so there is non-compliance of
Sections 103 and 105 of BNSS, 2023 and the petitioner is in
custody since 21.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedents and
nothing has been recovered from the conscious possession of
the petitioner and there is non-compliance of Sections 103 and
105 of the BNSS, 2023, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court-II,
Bhagalpur, in connection with Sanokhar P.S. Case No. 18 of
2026, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.32607 of 2026(2) dt.13-05-2026
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and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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