Patna High Court
Sanjeet Kumar @ Sanjeet SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed anticipatory bail to Masosar Kumar subject to conditions and dismissed the anticipatory bail application of Sanjeet Kumar as withdrawn.
Summary
Petitioners Sanjeet Kumar and Masosar Kumar applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 24.84 litres of foreign liquor from Sanjeet's house. The petitioners claimed the allegations were politically motivated and that the procedural requirements of Section 103 of the Bharitya Nagrik Suraksha Sanhita (BNSS) were not complied with. The counsel for the petitioners withdrew the anticipatory bail application of Sanjeet Kumar, which the court dismissed as withdrawn. The court examined the material and, considering the circumstances, granted anticipatory bail to Masosar Kumar subject to a bail bond of Rs.10,000, two sureties of the same amount, and a six‑week surrender period, under Section 482(2) of the BNSS. The order was pronounced by Justice Praveen Kumar.
Issues considered
- Whether anticipatory bail can be granted to Masosar Kumar in the case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the procedural requirement under Section 103 of the Bharitya Nagrik Suraksha Sanhita was complied with.
- Whether the allegations of political victimisation justify denial of anticipatory bail.
- Whether the petition for anticipatory bail of Sanjeet Kumar may be withdrawn.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) — s. 103, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- foreign liquor
- political victimisation
- Section 30(a)
- Section 103
- Section 482(2)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34811 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- SALIMPUR District- Patna
======================================================
1. Sanjeet Kumar @ Sanjeet Singh S/o Late Pratap Singh Resident of Village -
Manjhauli, P.S. - Salimpur, District - Patna.
2. Masosar Kumar S/o Gauri Shankar Singh Resident of Village - Manjhauli,
P.S. - Salimpur, District - Patna.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The Petitioners are apprehending their arrest in
connection with Salimpur P.S. Case No. 33 of 2026, registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
4. At the outset, after some arguments, learned counsel
for the petitioners seeks permission to withdraw the present
application for anticipatory bail with respect to petitioner No.1,
namely, Sanjeet Kumar @ Sanjeet Singh.
5. Permission is accorded.
Patna High Court CR. MISC. No.34811 of 2026(2) dt.20-05-2026
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6. This application for anticipatory bail with respect to
petitioner No.1, namely, Sanjeet Kumar @ Sanjeet Singh is
accordingly dismissed as withdrawn.
7. As per the allegation, 24.84 liters of foreign liquor
has been recovered from the house of Sanjeet Kumar @ Sanjeet
Singh (petitioner No.1). It is alleged that petitioner No. 2,
namely, Masosar Kumar, was one of the persons, who fled away
from the place of seizure.
8. Learned counsel for the petitioners has submitted
that the alleged recovery has been made from the house of co-
accused Sanjeet Kumar @ Sanjeet Singh and due to village
politics, the name of the petitioner has been mentioned so as to
make him an accused. Learned counsel for the petitioners has
further submitted that the process prescribed under Section 103
BNSS has not been followed. It has lastly been submitted that
though petitioner No.2 is accused in one another case, but it is
not of similar nature and he is on bail in that case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let petitioner No.2, namely, Masosar Kumar, in the
Patna High Court CR. MISC. No.34811 of 2026(2) dt.20-05-2026
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event of his arrest/surrender within a period of six weeks from
today, be enlarged on anticipatory bail on furnishing bail-bond
of Rs. 10,000/- (Rupees ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Judge Excise, Barh, Patna, in connection with Salimpur
P.S. Case No. 33 of 2026 subject to the conditions as laid down
under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita
(B.N.S.S.)
9. This application stands allowed.
(Praveen Kumar, J)
Pawan/-
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