Patna High Court
Sanjay Kumar @ Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 103, 105, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32, 56, 76
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
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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
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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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