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Patna High Court

Satyavir @ Ankit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond of Rs.10,000, two sureties and conditions of familial surety and cooperation.

Summary

The petitioner, Satyavir @ Ankit Kumar, was arrested in connection with the recovery of 120 litres of illicit liquor from a sack kept on a motorcycle, under section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no ownership or control over the motorcycle or the seized liquor and that the seizure violated mandatory search‑and‑seizure provisions, with no independent witness to the list. The State opposed bail on the ground of the petitioner’s criminal antecedents, though he was already on bail in other matters and pledged cooperation. The Court noted the alleged procedural lapses in the seizure and, despite the State’s objections, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, one of whom must be a close relative, and subject to his cooperation in the trial. The bail order was pronounced on 9 June 2026.

Issues considered

  • Whether bail should be granted in a case under the Bihar Prohibition and Excise Act where the seizure may have violated mandatory search‑and‑seizure provisions.
  • Whether the petitioner’s lack of direct possession of the seized liquor and absence of an independent witness affect the bail decision.
  • Whether the petitioner’s criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • search and seizure violation
  • criminal antecedents
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35929 of 2026
                         Arising Out of PS. Case No.-51 Year-2026 Thana- Geedha District- Bhojpur
                 ======================================================
                 Satyavir @ Ankit Kumar S/o Gupteshwar Singh Resident of Village-
                 Rajputana Pachaina, P.S.- Geedha, District- Bhojpur
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raju Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   09-06-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State, through virtual mode.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Geedha P.S. Case no.51 of 2026

                   registered under section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. Recovery of 120 liters of illicit liquor from a sack

                   kept on a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner has nothing to do either with the motorcycle or with

                   the seized liquor. Nothing was recovered from his physical or

                   conscious possession. Further, there is no independent witness

                   to the seizure list indicating violation of mandatory provisions

                   of search and seizure. The petitioner is in custody since

                   04.03.2026 and undertakes to cooperate in the case/trial.
            Patna High Court CR. MISC. No.35929 of 2026(2) dt.09-06-2026
                                                        2/2




                      Charge-sheet has been submitted.

                                   5. The application for bail is opposed by learned

                      A.P.P. for the State on the ground that petitioner has criminal

                      antecedents. In response, it has been submitted that petitioner is

                      on bail in all the cases and he also undertakes to co-operate in

                      the trial and never indulge in similar nature of offence.

                                   6. Taking into consideration the aforesaid facts and

                      circumstances of the case and also considering the fact that

                      mandatory provisions of search and seizure have been violated

                      and charge-sheet has been submitted, the petitioner is directed to

                      be enlarged on bail in connection with Geedha P.S. Case no.51

                      of 2026 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 Court concerned where the case is

                      pending/successor Court, subject to the following conditions:-

                                   (I) One of the bailors of the petitioner shall be the

                      family member/close relative of the petitioner.

                                   (II) He shall co-operate in the case/trial.


                                                (Soni Shrivastava, J)
Harsh/-
U       T


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