Patna High Court
Sanjeet ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioner on a bond of Rs 10,000 with conditions, despite the allegations of procedural lapses and prior cases.
Summary
The petitioner, Sanjeet Choudhary, was arrested on 19 April 2026 and charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly possessing 500 ml of country‑made liquor seized by police. He contended that the liquor was planted and that the police failed to comply with Sections 103 and 105 of the Bihar Narcotic and Substance Seizure (BNSS) Rules, 2023. The State opposed bail, noting that the petitioner has three other pending cases, though he is already on bail in those matters. The High Court examined the bail petition, the alleged procedural lapses, and the petitioner’s criminal antecedents. It granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed the lower Special Judge to release the petitioner upon compliance with the bond and conditions.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023, and alleged planting of evidence affect the bail decision.
- Whether the petitioner’s other pending criminal cases and antecedents preclude bail.
Legislation cited
- Bihar Narcotic and Substance Seizure Rules, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- excise
- illegal liquor
- Section 30(a)
- police planting evidence
- BNSS 2023
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37531 of 2026
Arising Out of PS. Case No.-241 Year-2026 Thana- Excise P.S. District- Purnia
======================================================
Sanjeet Choudhary S/o Late Thitar Choudhary Resident of Village- Tarapur,
Tarbanna, Ward No.- 15, P.S.- Madhubani, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-06-2026 Heard Mr.Bijendra Kumar Singh, learned counsel for
the petitioner and Mr.Arun Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
19.04.2026 in connection with Excise Sadar P.S. Case No. 241
of 2026, F.I.R. dated 18.04.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act, 2016.
3. Recovery is of 500 Ml of country made liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that 500 Ml of country made liquor was recovered from
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of BNSS, 2023 and seizure list witnesses
Patna High Court CR. MISC. No.37531 of 2026(2) dt.17-06-2026
2/3
are police personnel. In fact nothing has been recovered from
conscious possession of the petitioner rather the police has
planted the same and shown the recovery has been made from
possession of the petitioner and petitioner has been made
accused in the present case due to his previous criminal
antecedents and the petitioner is in custody since 19.04.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
three more cases other than the present one but fairly submits
that the petitioner is on bail in all the cases, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
(Excise-2), Purnea in connection with Excise Sadar P.S. Case
No. 241 of 2026, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.37531 of 2026(2) dt.17-06-2026
3/3
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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