Patna High Court
Sanoj Kumar @ Sanoj YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNSS — s. 105
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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