Patna High Court
Sanjit Kumar @ KhadariyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail is to be granted subject to specified conditions.
Summary
The petitioner, Sanjit Kumar, was implicated in a case (Rajapakar P.S. Case No. 177 of 2026) for alleged possession of 3.560 liters of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He fled the scene and was identified by a chowkidar, but claims innocence and offers to donate Rs. 25,000 to a charitable organization without admitting guilt. The High Court considered his anticipatory bail application, noting there was no recovery of liquor from him. The Court granted anticipatory bail, directing a bail bond of Rs. 10,000 with two sureties, a donation of Rs. 25,000 to Ramakrishna Mission, and regular attendance at the police station. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS in the alleged illicit liquor case
- Whether the petitioner is entitled to bail despite the allegations under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Section 30(a)
- Bihar Prohibition Act
- bail conditions
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38137 of 2026
Arising Out of PS. Case No.-177 Year-2026 Thana- RAJAPAKAR District- Vaishali
======================================================
Sanjit Kumar @ Khadariya S/o- Shrwan Chaudhary @ Sarwan Choudhary
Village- Bazar Durga Temple, Rajapakar, Ps- Rajapakar, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Awadhesh Kumar Singh, Advocate
For the State : Mr.Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends arrest in connection with
Rajapakar P.S. Case No. 177 of 2026 registered for the offence
under Section 30(a) of the Bihar Prohibition and Excise
Amendment Act, 2022.
3. As per the prosecution case, the recovery is of
3.560 liters of illicit liquor from the house of the petitioner. The
petitioner has fled away and he has been named by the
Chowkidar.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. There are other family members
also who are residing in the house.
Patna High Court CR. MISC. No.38137 of 2026(2) dt.16-06-2026
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5. Learned counsel for the petitioner submits that
the petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Considering the fact that there is no recovery
from the petitioner, this application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 the learned Exclusive
Special Excise Prohibition Court 2 nd cum District Additional
Sesiosn Judge, Vaishali at Hajipur/ concerned Court below in
connection with Rajapakar P.S. Case No. 177 of 2026, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner, after
Patna High Court CR. MISC. No.38137 of 2026(2) dt.16-06-2026
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being released on anticipatory bail, is directed to mark his
attendance at Rajapakar Police Station on every Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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