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Patna High Court

Sanjay Kumar @ Sanjay YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, subject to bond and surety conditions, noting the absence of cogent material and non‑compliance with statutory provisions.

Summary

Petitioner Sanjay Kumar sought bail after being implicated in a case involving alleged illicit liquor sales under Sections 30(a), 32 and 56 of the Bihar Prohibition and Excise (Amendment) Act, 2022. Police recovered 9.5 litres of chulai liquor and five motorcycles from an area near the petitioner’s farm, and an arrested accomplice named the petitioner as an associate. The petitioner argued that mere proximity of the recovery site does not constitute material evidence and that there is no prior record against him, invoking the lack of compliance with Section 76 of the Act. The State opposed bail, emphasizing the recovery’s location. The Court noted non‑compliance with mandatory provisions of Sections 103 and 105 of the BNSS and, considering the petitioner’s clean antecedent, ordered bail on condition of a Rs.10,000 bond with two sureties, one of whom must be a close family member, and subject to Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The bail order was directed to be executed by the Chief Judicial Magistrate, Munger.

Issues considered

  • Whether the petitioner is entitled to bail despite the recovery of illicit liquor and motorcycles from a location adjacent to his farm.
  • Whether the prosecution has complied with the mandatory provisions of Sections 103 and 105 of the BNSS.
  • Whether the lack of material evidence under Section 76 of the Bihar Prohibition and Excise (Amendment) Act, 2022, precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition act
  • Section 30(a)
  • Section 32
  • Section 56
  • Section 76
  • Section 103
  • Section 105
  • Section 482(2)
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35643 of 2026
                     Arising Out of PS. Case No.-55 Year-2026 Thana- KASIMBAZAR District- Munger
                 ======================================================
                 Sanjay Kumar @ Sanjay Yadav Son of Kamleshwari Prasad Yadav Resident
                 of Nawtoliya, J.R.S. College Road, P.S.- Kasim Bazar, District- Munger

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jyoti Ranjan Jha, Adv.
                                                 Mr.Surya Narayan Sah, Adv.
                 For the Opposite Party/s :      Mr.Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-06-2026                   Heard Mr. Jyoti Ranjan Jha, learned Advocate for the

                   petitioner and learned Additional Public Prosecutor for the State

                   through virtual mode.

                                 2. The petitioner apprehends his arrest in connection

                   with Kasim Bazar P.S. Case No. 55 of 2026, registered for the

                   offences punishable under Sections 30(a), 32, 56 of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                 3. The police on a tip off selling of illicit liquor

                   conducted a raid. However, noticing the police party, some

                   persons, who were present there succeeded in fleeing away and

                   one Rakesh Kumar was apprehended. The apprehended person

                   disclosed the name of the petitioner as one of the accomplice,

                   who indulged in selling of liquor. On search, total 9.5 litres
Patna High Court CR. MISC. No.35643 of 2026(2) dt.01-06-2026
                                            2/3




          country made chulai liquor was recovered, besides five

          motorcycles which were parked there.

                       4. Learned Advocate for the petitioner submits that

          the alleged recovery has been made nearby the farm of the

          petitioner and only on account of suspicion the name of the

          petitioner has been implicated in this case. The petitioner has

          neither any concern with the illicit liquor nor with the

          motorcycles which were recoered from the place of occurrence.

          Only on account of the reason that the recovery has been made

          beside the farm of the petitioner, his name has been implicated

          in this case. The aforesaid position is also fortified by the fact

          that the petitioner has never been implicated in any of the penal

          provisions of the Bihar Prohibition and Excise (Amendment)

          Act. There is absence of cogent material which attracts the

          rigors provided under Section 76 of the Bihar Prohibition and

          Excise (Amendment) Act.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          alleged recovery has been made from the farm of the petitioner.

                       6. Having considered the submissions advanced on

          behalf of the respective parties and taking note of the fact that

          the alleged recovery has been made from an open place nearby
           Patna High Court CR. MISC. No.35643 of 2026(2) dt.01-06-2026
                                                       3/3




                     the farm of the petitioner and there is non-compliance of the

                     mandatory provisions of Sections 103 and 105 of the BNSS,

                     besides the fair antecedent of the petitioner, let the petitioner

                     abovenamed be released on bail, in the event of his arrest or

                     surrender before the court below within a period of four weeks

                     from the date of receipt/production of a copy of this order, upon

                     furnishing bail bonds of Rs.10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Chief Judicial Magistrate, Munger in connection with Kasim

                     Bazar P.S. Case No. 55 of 2026, subject to the conditions laid

                     down in Section 482(2) of the Bharatiya Nagrik Suraksha

                     Sanhita, 2023, with the further condition that one of the bailors

                     shall be the own/close family members of the petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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