Patna High Court
Sanoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Sanoj Kumar, applied for bail in a case under the Bihar Prohibition and Excise Act for alleged recovery of 133.92 litres of liquor from his vehicle. He argued that he has a clean record, was arrested on 24 March 2026, and was not caught in possession of the liquor; the vehicle owner should not be presumed guilty for the driver’s alleged misuse. The State opposed the bail, citing the seriousness of the offences. The court considered the petitioner’s lack of prior record, the circumstances of the seizure, and the period of custody, and found no compelling reason to keep him detained. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail order was directed to be complied with by the trial court handling the case.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a), 32(ii)(iii), and 41(i)(ii) of the Bihar Prohibition and Excise Act considering the facts of the case.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(ii)(iii), 41(i)(ii)
Subjects
- bail
- prohibition and excise
- liquor seizure
- vehicle owner liability
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39767 of 2026
Arising Out of PS. Case No.-1543 Year-2022 Thana- DANAPUR District- Patna
======================================================
Sanoj Kumar S/o Ramji Rai Resident of Village - Khaspur, P. O- Daudpur, PS
- Maner District patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh
For the Opposite Party/s : Mr. Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a), 32(ii)(iii), 41(i)(ii) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 24.03.2026 and allegation is of recovery of 133.920 litres
of liquor from an Indigo car. It is next submitted that petitioner
was not arrested from the spot as such nothing was recovered
from his conscious possession and he came to be implicated
based on fact that he is owner of the seized vehicle. It is next
submitted that no prudent person would use his own vehicle for
committing an occurrence and thus would create evidence
Patna High Court CR. MISC. No.39767 of 2026(2) dt.01-07-2026
2/2
against himself and hence would get implicated. It is also
submitted that the petitioner was completely unaware that his
driver would misuse his vehicle in the manner as alleged, who
also fled from the spot.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the
period of custody, the petitioner above-named, is directed to be
released on bail on furnishing bail bonds of Rs.5000/- (Rupees
five thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Danapur P.S. Case
No.1543 of 2022.
(Satyavrat Verma, J)
amit/-
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