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Patna High Court

Sanjeet ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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