Patna High Court
Sumit Yadav @ Sumit Kumar Yadav @ Sumit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioners, finding that the mandatory provisions of search and seizure were not complied with and that the petitioners had no direct possession of the seized liquor.
Summary
The petitioners, Sumit Yadav and Sanjit Sharma, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 20 litres of illicit country-made liquor was seized from a sack tied to a motorcycle. They contended that they had no ownership or control over the motorcycle or the liquor and that the search and seizure violated mandatory procedural requirements because there was no independent witness. The petitioners sought bail, arguing that one of them had prior criminal antecedents but was already on bail, while the other had no record, and they had been in custody since 24‑04‑2026. The Court examined the lack of direct possession by the petitioners and the procedural lapses in the seizure, finding sufficient grounds to grant bail. Accordingly, the Court ordered that each petitioner be released on bail of Rs.10,000 with two sureties, subject to conditions of cooperation with the investigation and that one bailor be a close relative.
Issues considered
- What is the applicability of Section 30(a) of the Bihar Prohibition and Excise Act to the petitioners?
- Whether the search and seizure complied with mandatory procedural provisions.
- Whether the petitioners are entitled to bail despite alleged involvement in the alleged offence.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- search and seizure
- mandatory procedural compliance
- prohibition law
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35885 of 2026
Arising Out of PS. Case No.-209 Year-2026 Thana- MANJHI District- Saran
======================================================
1. Sumit Yadav @ Sumit Kumar Yadav @ Sumit Kumar Son of Parmeshwar
Yadav Resident of Village- Gairatpur, P.S.- Manjhi, Dist.- Saran at Chapra
2. Sanjit Sharma Son of Shyam Sankar Sharma Resident of Village- Gairatpur,
P.S.- Manjhi, Dist.- Saran at Chapra
... ... Petitioners.
Versus
The State of Bihar. ... ... Opposite Party.
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in a case registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. Perusal of the first information report and the seizure
list would go to show that 20 liters of country made liquor is
said to have been recovered from a sack which was tied on a
motorcycle.
4. It is submitted by learned counsel for the petitioners
that the petitioners have no concern either with the seized
motorcycle or with the recovered liquor. There is no recovery
from the conscious or physical possession of the petitioners. It is
further submitted that there is violation of mandatory provisions
Patna High Court CR. MISC. No.35885 of 2026(2) dt.08-06-2026
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of search and seizure as there is no independent witness to the
same. Petitioner no.1 has two criminal antecedents and is on
bail in the said two cases, whereas petitioner no.2 has no
criminal antecedent. Petitioners have been languishing in
custody since 24.04.2026.
5. Taking into consideration the fact and
circumstances of the case and also considering the non-
compliance of mandatory provisions of search and seizure, the
above named petitioners are directed to be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court below where the case is pending/successor
Court in connection with Manjhi P.S. Case No. 209 of 2026,
subject to the further conditions that:
(i) The petitioners shall cooperate in the
investigation/trial.
(ii) The one of the bailors will be a family
member/close relative.
(Soni Shrivastava, J)
Trivedi/-
U T
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