Patna High Court

Sanjeet Kumar @ Sanjit KumarversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner subject to a bond of Rs. 15,000 and the stipulated conditions.

Summary

Sanjeet Kumar, the owner of a car from which 187.125 liters of liquor was seized, was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, that no incriminating material was found in his possession, and that he was not arrested on the spot, despite having been in custody since 15 October 2025 and possessing one prior criminal antecedent. The State opposed his bail application, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court examined the length of custody, the absence of direct evidence linking the petitioner to the liquor, and the procedural lapse, and decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions including family surety and regular court appearances.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of custody and lack of direct evidence.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
Section 103
liquor seizure
possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5518 of 2026
                         Arising Out of PS. Case No.-229 Year-2025 Thana- DOBHI District- Gaya
                 ======================================================
                 Sanjeet Kumar @ Sanjit Kumar Son of Surendra Paswan Resident of Village-
                 Kurmawa, P.S.- Barachatti, District- Gaya


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                       Heard Mr. Aryan Singh, learned counsel for the

                   petitioner and Mrs. Renu Kumari, learned APP for the State.

                                2. The petitioner seeks bail in connection with Dobhi

                   P.S. Case No. 229 of 2025, instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 187.125 liters

                   liquor was recovered from 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

                   no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.5518 of 2026(2) dt.31-01-2026
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          for the petitioner also submitted that the petitioner was not

          arrested on spot. Name of the petitioner has transpired in this

          case as being owner of the car in question and he has got no

          knowledge with regard to the nature of goods carried in his

          vehicle. The petitioner is in custody since 15.10.2025 and has

          got one criminal antecedent. There is no compliance of Section

          103 of the Bharatiya Nagarik 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 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/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

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

          229 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.5518 of 2026(2) dt.31-01-2026
                                                         3/3




                       bail bonds of the petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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