Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioners subject to specified conditions.
Summary
Petitioners Sanjay Kumar and Amresh Kumar were implicated in a case (Mufassil P.S. No. 70 of 2026) for allegedly transporting 159.75 litres of foreign liquor in two motorcycles registered in their names, violating Section 30(a) of the Bihar Prohibition and Excise Act. They contended that the motorcycles had been lent to a friend and they had no knowledge of the liquor seizure, asserting a clean criminal record. The State opposed the grant of pre‑arrest bail. The High Court, after weighing the submissions, ordered that the petitioners be released on pre‑arrest bail if arrested or they surrender within four weeks, subject to a bail bond of Rs 10,000 each, two sureties, and a bank guarantee of Rs 1 lakh, under Section 438(2) of the Cr.P.C. and Section 482(2). The Court also directed the District Court to verify any other criminal antecedents, stating that the bail order would lapse if such antecedents are found. The bail application was disposed of with the grant of bail.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail under Section 438 Cr.P.C. for an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioners' alleged ownership of the motorcycles and alleged involvement in the liquor seizure warrant denial of bail.
- Whether the petitioners' clean antecedent and lack of personal involvement in the seized liquor justify granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- Section 30
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail conditions
- foreign liquor
- motor vehicle ownership
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43811 of 2026
Arising Out of PS. Case No.-70 Year-2026 Thana- Mufassil District- Khagaria
======================================================
1. Sanjay Kumar S/o Kamadev Yadav Resident of Village- Tulsi Tola, Ward
No. 03, Paharpur, Police Station- Balia, District- Begusarai.
2. Amresh Kumar S/O Devendra Yadav Resident of Village- Nanhku, Ward
No. 09, Mandal Tola, P.S.- Khagaria, Distt.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Advocate.
For the Opposite Party/s : Mr.Manoj Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-07-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Mufassil P.S. Case No. 70 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act, as amended uptodate.
3. Allegation is of recovery of 159.75 litres of foreign
liquor from two motorcycles bearing Registration Nos.
BR34X1999 and BR34X6951, said to be of the petitioners.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and they
have been falsely implicated in the case because of the fact that
Patna High Court CR. MISC. No.43811 of 2026(2) dt.08-07-2026
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they are the owner of the motorcycles from which alleged liquor
was recovered. In fact, the petitioners had given their
motorcycles to their friend for some urgent work and they were
unaware that their motorcycles will be misused. They have no
concern either with the seized liquor or trade of liquor in any
manner. The petitioners have clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
6. Having considered the rival submissions made on
behalf of the parties and the nature of allegation against the
petitioners, the petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the Court below within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount along
with Bank Guarantee of Rs. One lakh each, to the satisfaction
of learned District Court where the case is pending in
connection with Mufassil P.S. Case No. 70 of 2026, subject to
the condition as laid down under Section 438(2) of the Cr.P.C /
Section 482 (2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioners and if it is found that the petitioners
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are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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