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Patna High Court

Sanjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court inclined to grant bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Sanjay Kumar, was arrested in connection with a case under Sections 30(a), 37(b) and 37(c) of the Bihar Prohibition and Excise Act after 34 litres of liquor were recovered from a cowshed. He contended that no liquor was found in his possession and that he had been falsely implicated, noting that the recovery was from a public area. The petitioner had been in custody since 25‑12‑2025 and possessed six prior criminal antecedents, and the prosecution argued against bail. The court observed that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with and considered the circumstances of his detention. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties, imposing conditions regarding family surety, appearance at trial, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioner under the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 in a case under the Bihar Prohibition and Excise Act
  • Whether the petitioner’s alleged lack of direct possession of the liquor and claim of false implication justify bail despite prior criminal antecedents

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Section 103
  • Bihar
  • false implication
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5237 of 2026
                        Arising Out of PS. Case No.-342 Year-2025 Thana- NADI P.S. District- Patna
                 ======================================================
                 Sanjay Kumar Son of Mahendra Prasad @ Mahendra Rai @ Mahendra Ray
                 Resident of Village - Kacchidargah, Alampur, P.S.- Nadi, District - Patna.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Rai, Advocate
                 For the Opposite Party/s :        Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Nadi

                   P.S. Case No. 342/2025 instituted for the offences punishable

                   under Sections 30(a), 37(b), 37(c) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 34 litres

                   of liquor was recovered from cowshed.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made

                   from an open place which is accessible to public at large.
Patna High Court CR. MISC. No.5237 of 2026(2) dt.29-01-2026
                                             2/3




          Learned counsel further submitted that petitioner has no concern

          with the alleged recovery of liquor. The petitioner is in custody

          since 25.12.2025 and has six criminal antecedents. There is no

          compliance of Section 103 of the Bharatiya Nagarika Suraksha

          Sanhita, 2023.

                     5. Learned APP 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 as also 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, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of

          the    like     amount      each      to   the      satisfaction   of   Court

          below/concerned Court in connection with Nadi P.S. Case No.

          342/2025, 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

          bail bonds of the petitioner.
             Patna High Court CR. MISC. No.5237 of 2026(2) dt.29-01-2026
                                                         3/3




                                    (III) If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to move

                       for cancellation of bail.

                                    (IV) If the petitioner is found involved in the similar

                       nature of offence in future, the prosecution will be at liberty to

                       move for cancellation of bail.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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