Patna High Court
Sanjay Kumar @ SanjayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioners.
Summary
The petitioners, Sanjay Kumar and Md Shafkat Alam, were arrested in connection with a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for allegedly transporting 160.640 litres of liquor. They contended that they were falsely implicated, that the liquor was not in their conscious possession, and that they were merely a driver and a passenger, not owners of the vehicle. The State opposed bail, while the petitioners highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and the absence of any incriminating article on them. The court examined the facts, the custody period, and the petitioners' criminal records, and decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes the grant of bail.
- Whether the petitioners' lack of ownership or conscious possession of the liquor vehicle affects their eligibility for bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 32
- Bharatiya Nagarika Suraksha Sanhita
- criminal procedure
- driver
- passenger
- non‑ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3938 of 2026
Arising Out of PS. Case No.-1070 Year-2025 Thana- Excise P.S. District- Kishanganj
======================================================
1. Sanjay Kumar @ Sanjay Son of Baldev Tatma Resident of Village - Chakai,
P.S.- Jokihat, District - Araria.
2. Md Shafkat Alam @ Md Safkat Aalam Son of Hajrat Ali @ Hazarat Ali
Resident of village - Darshana, P.S.- Jokihat, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Madhya
Nisedh P.S. Case No. 1070 of 2025 instituted for the offences
punishable under Sections 30(a), 32(3) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 160.640
litres of liquor was recovered from car.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
Patna High Court CR. MISC. No.3938 of 2026(2) dt.27-01-2026
2/2
that petitioners are not the owner of the vehicle. It is further
submitted that petitioner no.1 is the driver of the vehicle in
question whereas petitioner no.2 is the passenger and both the
petitioners have got no concern with the loaded articles/liquor.
The petitioners are in custody since 22.12.2025. Petitioner no. 1
has no criminal antecedent whereas petitioner no. 2 has one
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Madhya Nisedh P.S.
Case No. 1070 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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