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Patna High Court

Sumit Yadav @ Sumit Kumar Yadav @ Sumit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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