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Patna High Court

Sanjay Kumar YadavversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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