Patna High Court
Sanjeev Kumar @ Sanjeev Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Sanjeev Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, with 20 litres of liquor recovered from the house of a co‑accused. The petitioner contended that the liquor was seized from the co‑accused’s premises, that he had no physical possession of the liquor, and that the seizure violated Section 103(4) of the BNSS because no independent witness was present. He applied for anticipatory bail, asserting a clean antecedent. The Additional Public Prosecutor opposed the bail. The court examined the factual submissions and noted the lack of direct possession and procedural lapses, and consequently directed that the petitioner be released on anticipatory bail upon surrender, subject to a bail bond and sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged illegal liquor offence under the Bihar Prohibition and Excise Act, 2022.
- Whether the seizure of liquor complied with the procedural requirements of Section 103(4) of the BNSS.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 103(4), 482(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- procedural lapse
- Section 30
- Bihar Prohibition and Excise Act
- CrPC
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43408 of 2026
Arising Out of PS. Case No.-360 Year-2026 Thana- MANER District- Patna
======================================================
Sanjeev Kumar @ Sanjeev Kumar Chaudhary S/o Late Bhola Chaudhary
Resident of village - Basti Road, Sarai, P.S.- Maner, District - Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2026 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 Maner P.S. Case
No.360 of 2026 registered under Section 30(a) of Bihar
Prohibition and Excise Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 20 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
made from the house of co-accused, namely, Banty. It is
Patna High Court CR. MISC. No.43408 of 2026(2) dt.02-07-2026
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also submitted that name of this petitioner arrayed solely on
the disclosure made by the local villager. It is further argued
that petitioner is in no way connected with the said liquor
and also the place from where the alleged liquor was seized.
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. Petitioner claimed clean antecedent.
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, who is a man of clean antecedent, accordingly,
the petitioner, above-named, in the 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
Patna High Court CR. MISC. No.43408 of 2026(2) dt.02-07-2026
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bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Court of Special Excise Judge, Danapur, in
connection with Maner P.S. Case No.360 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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