Patna High Court
Sanjay Kumar YadavversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, noting procedural non‑compliance in the seizure and his clean antecedent.
Summary
The petitioner, Sanjay Kumar Yadav, was arrested on 21 May 2026 after 112 litres of country-made liquor were seized from a car he owned, leading to charges under Sections 274 and 275 of the Bihar Narcotic Substances Act (BNSS) and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that the liquor was not in his conscious possession and that the seizure was effected without complying with procedural requirements of Sections 103 and 105 of the BNSS, 2023. The State opposed his bail application, while the petitioner’s counsel highlighted his clean antecedent. The Court observed the alleged procedural lapses and, considering the petitioner’s clean record, ordered his release on bail subject to a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether the petitioner is entitled to bail despite the seizure of illicit liquor from a vehicle he owned.
- Whether the seizure complied with the procedural requirements of Sections 103 and 105 of the BNSS, 2023.
- Whether the petitioner’s clean antecedent warrants the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105, 274, 275
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- illegal liquor
- seizure
- procedural compliance
- clean antecedent
- BNSS
- Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42821 of 2026
Arising Out of PS. Case No.-240 Year-2026 Thana- BIDUPUR District- Vaishali
======================================================
Sanjay Kumar Yadav S/O Ram Lalit Rai @ Ram Lalit Ray Resident of Vill.-
Mahua Mukundpur, Mahua, Dist. - Vaishali
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Advocate
For the Opposite Party/s : Ms.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-07-2026 Heard Mr.Ashok Kumar, learned counsel for the
petitioner and Ms.Suman Kumari Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
21.05.2026 in connection with Bidupur P.S. Case No. 240/2026,
F.I.R. dated 20.05.2026 registered for the offence punishable
under Sections 274,275 of BNS and Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Recovery is of 112 liters of country made liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
the FIR as well as the seizure list that nothing has been
recovered from conscious possession of the petitioner rather the
recovery has been made from the Car in question and petitioner
Patna High Court CR. MISC. No.42821 of 2026(2) dt.06-07-2026
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has been made accused in the present case merely on the ground
that he is owner of the Car in question. It appears from the FIR
as well as the seizure list that the seizure list witnesses are
police personnel so there is non-compliance of Sections 103
and 105 of BNSS, 2023 and the petitioner is in custody since
21.05.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent and there is non-compliance of Sections 103 and
105 of BNSS, 2023, let the petitioner, above named, 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
learned Exclusive Special Excise Court No.1-cum-District and
Sessions Judge, Vaishali at Hajipur in connection with Bidupur
P.S. Case No. 240/2026, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.42821 of 2026(2) dt.06-07-2026
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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