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Patna High Court

Sanjeet Kumar @ Sanjeet SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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bail to Masosar Kumar subject to conditions and dismissed the anticipatory bail application of Sanjeet Kumar as withdrawn.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counsel for the petitioners withdrew the anticipatory bail application of Sanjeet Kumar, which the court dismissed as withdrawn.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  • Whether the petition for anticipatory bail of Sanjeet Kumar may be withdrawn.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

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
                                                      3/3




                    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/-

U     T


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