Patna High Court
Sanjay RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that, because the seizure was not demonstrably from the petitioner's possession and procedural requirements were not met, anticipatory bail was warranted.
Summary
The petitioner, Sanjay Ram, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, with 7.04 litres of liquor seized. He contended that the seizure was made from the house of a co‑accused and not from his conscious possession, and that the search violated Section 103(4) of the BNSS because no independent witness was present. The State opposed his application for anticipatory bail, citing his involvement in three similar cases. The Court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's possession and that procedural safeguards were lacking. Consequently, the Court directed that the petitioner be released on anticipatory bail, subject to a bail bond and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted when the seized liquor is not prima facie in the accused's possession.
- Whether the requirements of Section 103(4) of the BNSS regarding an independent witness to the search and seizure were complied with.
- Whether the petitioner's prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act (BNSS) — s. 103(4), 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- prohibition law
- search and seizure
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40809 of 2026
Arising Out of PS. Case No.-162 Year-2026 Thana- GARDANIBAG District- Patna
======================================================
Sanjay Ram S/o Bhanu Ram R/o Mohalla - New Yarpur, P.S - Gardanibagh,
District - Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Aryan Singh, Advocate
For the Opposite Party : Mr.Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Gardanibagh P.S.
Case No.162 of 2026 registered under Section 30(a) of
Bihar Prohibition and Excise Amendment Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 7.04 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner was arrayed solely
on the disclosure made by the local crowd. It is also
Patna High Court CR. MISC. No.40809 of 2026(2) dt.24-06-2026
2/3
submitted that the recovery of illicit liquor was made from
the house of co-accused, namely, Karan Kumar who lives
nearyby to this petitioner’s home and only to implicate this
petitioner in the present case, the informant showed seizure
from the possession of this petitioner. It is also submitted
that recovery of illicit liquor was not made from conscious
possession of this petitioner. It is further argued that the
requirement of Section 103(4) of the BNSS has not been
complied with, inasmuch as no independent witness was
associated with the search and seizure list and the seizure
witnesses were police personnel themselves. Explaining
criminal antecedent, it is submitted that the petitioner found
involved in three more criminal cases of similar nature,
where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, in the
Patna High Court CR. MISC. No.40809 of 2026(2) dt.24-06-2026
3/3
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Bihar Prohibition
and Excise- I, Patna in connection with Gardanibagh P.S.
Case No.162 of 2026, subject to the conditions as laid down
under Section 438(2) of the CrPC/under Section 482(2) of
the BNSS.
(Chandra Shekhar Jha, J.)
aniket/-
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