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Patna High Court

Sanoj Kumar @ Sanoj SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond and conditions.

Summary

The petitioner, Sanoj Kumar, was not named in the FIR but his name appeared in a co-accused's disclosure in a case involving the illegal manufacture and trade of illicit liquor, where 152.280 ml of foreign liquor was recovered from a wagon. He argued that he had no conscious physical possession of the liquor and that he was already on bail in two other criminal matters. The State opposed his application for anticipatory bail, contending that the allegations under Sections 272, 273, 34 IPC and the Bihar Prohibition and Excise Act were serious. The Court examined the factual submissions and noted the lack of direct possession by the petitioner. Consequently, the Court ordered that the petitioner be granted anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the allegations of involvement in illegal liquor trade
  • Whether the absence of conscious physical possession of the seized liquor negates the basis for denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • illegal manufacturing
  • conscious possession
  • bail bond
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44830 of 2026
                   Arising Out of PS. Case No.-351 Year-2017 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Sanoj Kumar @ Sanoj Sah S/o Rajeb Sah @ Rajdev Sah R/o Vill-
                 Basudeopur Brit @ Basudeopur Sarai, P.S.- Sahebganj, Distt- Muzaffarpur

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mr.Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   07-07-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, not named in the F.I.R., is

                   apprehending his arrest in connection with Sahebganj P.S. Case

                   No. 351 of 2017 registered for the offences under Sections 272,

                   273 & 34 of the I.P.C. and Section 30(a), 32(ii), 41(i) of the

                   Bihar Prohibition and Excise Act.

                             3. The allegation against the petitioner is to involve in

                   illegal trading/manufacturing of illicit liquor. It is alleged that

                   total 152.280 ml. foreign liquor was recovered from search of

                   one Wagon-R Car bearing Registration No. BR064K-1198.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that name of the petitioner surfaced on the disclosure

                   made by apprehended co-accused person. It is submitted that
           Patna High Court CR. MISC. No.44830 of 2026(2) dt.07-07-2026
                                                       2/2




                     nothing recovered from conscious physical possession. While

                     concluding argument, it is submitted that petitioner found

                     involved in two criminal cases, in which he is on bail.

                              5. Learned A.P.P. for the State has opposed the prayer for

                     anticipatory bail of the petitioner.

                              6. In view of the aforesaid factual submissions and by

                     taking note of the fact as recovery of illicit liquor prima-facie

                     not appears to be made from conscious physical possession of

                     this petitioner, accordingly, above-named petitioner, in the event

                     of his arrest/surrender within a period of four weeks from this

                     order, is directed to be enlarged on bail on furnishing of bail

                     bond of Rs.10,000/- (ten thousand only) with two sureties of the

                     like amount each to the satisfaction of learned Exclusive Special

                     Excise Court-II, Muzaffarpur/concerned court in connection

                     with Sahebganj P.S. Case No. 351 of 2017, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita

                     (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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