Patna High Court

Sanjeev Kumar @ Alok KumarversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail may be granted as the petitioner had no incriminating material in his possession and the conditions for bail were satisfied.

Summary

The petitioner, Sanjeev Kumar, sought bail in a case registered under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act for allegedly transporting 522 litres of illicit liquor. The prosecution alleged that the liquor was recovered from a vehicle in which the petitioner was a passenger, but no incriminating material was found in his possession. The petitioner claimed innocence, arguing he was unaware of the contraband and that there was no compliance with Section 103 of the BNSS, 2023. The State opposed bail, citing the seriousness of the offence and the petitioner’s four prior criminal antecedents. The court, after considering the facts and the petitioner’s custody period, granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular court appearances.

Issues considered

Whether bail should be granted to the petitioner under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act
Whether the lack of incriminating material in the petitioner’s possession justifies bail
Whether non‑compliance with Section 103 of the BNSS, 2023 affects the bail decision
Whether the petitioner’s prior criminal antecedents preclude bail

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
Section 45
Section 103 BNSS
illicit liquor
criminal antecedents
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.4586 of 2026
                      Arising Out of PS. Case No.-232 Year-2025 Thana- JALALGARH District- Purnia
                 ======================================================
                 Sanjeev Kumar @ Alok Kumar son of Late Kulanand Yadav Resident Of
                 Village- Raniganj Diwan Tola, Ps- Raniganj, Dist- Araria


                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Jalalgarh PS Case No. 232 of 2025 instituted for the offences

                   under Section/s 30(a) & 45 of the Bihar Prohibition and Excise

                   Act.

                           3.       The prosecution case, in short, is that 522 liters

                   liquor was recovered from pickup vehicle and car.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.4586 of 2026(2) dt.27-01-2026
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          no concern with the alleged recovery of liquor. It is submitted

          that name of the petitioner has surfaced in this case as being

          passenger of the car in question and he was oblivious of the fact

          that illicit liquor was laden in the vehicle. The petitioner is in

          custody since 21.11.2025 and has got four criminal antecedent/s.

          There is no compliance of Section 103 of the BNSS, 2023.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  6.      Considering the aforesaid facts and circumstances

          of the case of the petitioner and the period of custody undergone

          by the petitioner, this Court is inclined to grant bail to the

          petitioner.

                  7.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Jalalgarh PS Case

          No. 232 of 2025, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.4586 of 2026(2) dt.27-01-2026
                                                       3/3




                     bail bonds of the petitioner.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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