Patna High Court
Sanjeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the anticipatory bail application with conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Sanjeev Kumar, sought anticipatory bail in a case (Udwantnagar P.S. Case No. 91 of 2026) alleging his involvement in the illegal possession of 40 litres of country‑made liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The allegation was based on a confessional statement made by a co‑accused who was in police custody, and the petitioner contended that the procedure under Section 105 of the B.N.S.S was not complied with. The State opposed the bail, arguing the seriousness of the offence. The Court examined the facts, noted the lack of a direct apprehension of the petitioner and his clean criminal record, and considered the procedural lapse. It ordered that anticipatory bail be granted if the petitioner surrenders or is arrested within six weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether a confession of a co‑accused, obtained without compliance with Section 105 of the B.N.S.S, can be the basis for implicating the petitioner.
- Whether the petitioner is entitled to anticipatory bail subject to conditions despite the seriousness of the alleged offence.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 105, 482(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- confessional statement
- procedural lapse
- Section 105 B.N.S.S
- Section 482(2) B.N.S.S
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35172 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Sanjeev Kumar S/o Krishna Paswan Resident of Village- Mohanpur, P.S.
Dhobaha, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State through virtual mode.
2. The petitioner is apprehending his arrest in a case
in connection with Udwantnagar P.S. Case No. 91 of 2026 dated
22.02.2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise (Amendment) Act,
2022.
3. As per the allegation, during a checking drive, two
persons on a motorcycle tried to flee away on seeing the police
but one of them fell and was apprehended. The apprehended
accused disclosed his name as Ashish Yadav, whereas, there is
allegation that the petitioner fled away with the motorcycle. It
Patna High Court CR. MISC. No.35172 of 2026(2) dt.21-05-2026
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has been alleged that altogether, 40 litres of country made liquor
was recovered from the spot.
4. Learned counsel for the petitioner has submitted
that the petitioner was not apprehended on the spot and his
name has transpired on the basis of confessional statement of
the co-accused before the police while in police custody. It has
further been submitted that the procedure prescribed under
Section 105 of the B.N.S.S has not been followed. It has lastly
been submitted that the petitioner has got no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the above named petitioner, in the 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
Excise Judge Court No.2, Bhojpur at Ara, in connection with
Udwantnagar P.S. Case No. 91 of 2026, subject to conditions as
laid down under section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.35172 of 2026(2) dt.21-05-2026
3/3
8. Accordingly, the present anticipatory bail
application stands allowed.
(Praveen Kumar, J)
Divyansh/-
U T
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