Patna High Court
Sanoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to both petitioners.
Summary
The petitioners, Sanoj Kumar and Vishal Kumar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 84 litres of country‑made liquor was recovered from a scooty. They contended that they were not the owners of the scooty, had no possession of the liquor, and were falsely implicated, noting that no incriminating material was found on them. The State opposed bail, while the petitioners argued lack of compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. The Court, after considering the custody period and the absence of direct evidence, decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the requirements of Section 103 of the BNSS, 2023 have been complied with for bail
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- section 30(a)
- section 103
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5916 of 2026
Arising Out of PS. Case No.-1348 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
1. Sanoj Kumar S/o Jaddu Ray R/o Hamampar, Sidhi Ghat, Diwan Mohalla,
P.S.- Khazekala, Distt.- Patna
2. Vishal Kumar S/o Raju Chaudhary R/o Sadiqpur, Machua Toli, P.S.-
Alamganj, Distt.- Patna, Bihar
... ... 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. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with
Alamganj PS Case No. 1348 of 2025 instituted for the offences
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 84 liters
country made liquor was recovered from Scooty.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.5916 of 2026(2) dt.31-01-2026
2/2
submitted that petitioners are not the owner of the scooty in
question and they have no concern with the same. The
petitioners are in custody since 31.12.2025 and petitioner No.1
got one criminal antecedent/s and petitioner No.2 got no
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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Alamganj PS Case
No. 1348 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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