Patna High Court
SANJAY KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to monetary and procedural conditions.
Summary
The petitioner, Sanjay Kumar, was arrested in connection with the seizure of 615 litres of liquor alleged under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that no incriminating material was found in his possession and that his implication was based solely on suspicion. The State opposed bail, highlighting the petitioner’s eight prior criminal convictions. The court noted the lack of compliance with Section 103 of the B.N.S.S., 2023 and the fact that co‑accused had already been granted bail. Considering the circumstances and the period of custody, the court decided to grant bail, subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance and non‑tampering with evidence. The bail order was made after directing that charges be framed if not already done.
Issues considered
- Whether bail should be granted to the petitioner despite multiple prior convictions and alleged involvement in liquor seizure
- Whether the prosecution’s failure to comply with Section 103 of the B.N.S.S., 2023 warrants bail
- Whether mere suspicion is sufficient to justify continued detention
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedents
- Section 103
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4242 of 2026
Arising Out of PS. Case No.-503 Year-2025 Thana- BEUR District- Patna
======================================================
SANJAY KUMAR Son of Late Mohrai Rai Resident of Village - Vishunpur
Pakari, P.S.- Beur, District - Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Beur P.S. case No. 503
of 2025 instituted for the offences under Sections 30(a) and
32(2) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that during search
made by the police, 615 liters liquor was recovered from car
and auto.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.4242 of 2026(2) dt.28-01-2026
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further submitted that the petitioner has been implicated only on
the basis of suspicion. The petitioner is in custody since
15.12.2025 and has got eight criminal antecedent and he is on
bail in all the cases as stated in paragraph No. 3 of the
application. There is no compliance of Section 103 of B.N.S.S.,
2023. Co-accused have been granted bail by this Bench vide
order dated 26.11.2025 passed in Cr. Misc. No. 80316 of 2025
and order dated 04.12.2025 passed in Cr. Misc. No. 82650 of
2025 .
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. The
petitioner has eight criminal antecedents, hence, he may not be
released on bail.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Beur P.S. case No. 503 of 2025,
subject to the following conditions:
Patna High Court CR. MISC. No.4242 of 2026(2) dt.28-01-2026
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(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) 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.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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