Created by Fuzzy Cloud

Patna High Court

Sanjeev KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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//-

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.