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Patna High Court

Sanoj Kumar @ Sanoj YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner with conditions and a surety requirement.

Summary

Sanoj Kumar applied for bail in a case (Gurpa P.S. Case No.11 of 2025) under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, where the police had seized 200 litres of country‑made liquor and a mobile phone. The petitioner claimed the mobile belonged to him, that nothing was recovered from his possession, and that the seizure violated Section 105 of the BNSS. The State opposed bail, citing two prior similar offences. After hearing both sides, the court noted the irregularities in the seizure and the petitioner’s custody since 18‑04‑2026, but also considered his criminal antecedents. The court granted bail on the condition that the petitioner not commit a similar offence, requiring a bail bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act despite alleged seizure irregularities and prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • seizure procedure
  • criminal antecedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.37105 of 2026
                         Arising Out of PS. Case No.-11 Year-2025 Thana- Gurupa District- Gaya
                 ======================================================
                 Sanoj Kumar @ Sanoj Yadav Son of Late Ramchandra Yadav @ Late
                 Chandra Yadav @ Chandu Yadav Resident of village - Samarchak, P.S.-
                 Gurpa, District - Gaya
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sheo Nandan Prasad, Advocate
                 For the Opposite Party/s :     Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                            ORAL ORDER

2   18-06-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner has prayed for bail in connection

                   with Gurpa P.S. Case No.11 of 2025 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act.

                               3. The case of the prosecution, in short, is that

                   altogether 200 litres of country made liquor and a keypad

                   mobile was recovered.

                               4. Learned counsel appearing on behalf of the

                   petitioner has submitted that the petitioner has been framed in

                   this case because the keypad mobile belongs to him. It has

                   further been submitted that nothing has been recovered from the

                   possession of the petitioner. It has been submitted that the
            Patna High Court CR. MISC. No.37105 of 2026(2) dt.18-06-2026
                                                        2/2




                      witnesses of the seizure list are police personnel and police have

                      not complied Section 105 of the BNSS while making seizure. It

                      has been submitted that the petitioner is in judicial custody since

                      18.04.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State. It has been submitted that the petitioner is having

                      criminal antecedent of two cases of similar nature.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail with the condition that

                      the petitioner shall not indulge in similar nature of offence in

                      future. The above named petitioner is directed to be enlarged on

                      bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

                      only) with two sureties of the like amount each to the

                      satisfaction of the court of learned Exclussive Special Excise

                      Court No.-4, Gaya Ji in connection with Gurpa P.S. Case No. 11

                      of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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