Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Sanjay Kumar, was arrested in connection with the alleged recovery of 246 litres of liquor from an auto, alleged under Section 30(a) of the Bihar Excise Act. He contended that he had no prior criminal record, was not arrested at the spot, did not have the liquor in his conscious possession, and was not the owner of the vehicle, asserting that the chowkidar’s testimony was unreliable. He had been in custody since 4‑January‑2026 and sought bail. The State opposed the bail application. The Court, after considering the petitioner’s clean antecedent and lack of direct possession, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount. The bail order was directed to be complied with by the trial court handling the case.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Excise Act given the circumstances of non‑possession, clean antecedent, and the nature of the evidence.
Subjects
- bail
- excise law
- Section 30
- liquor seizure
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6590 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- PUNAURA District- Sitamarhi
======================================================
Sanjay Kumar Son of Lakhendra Mahto Resident of - Nuniya Toli, Gaushala
Chowk, Sitamarhi, P.S. and Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dwij Raj
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Sri Rabindra Kumar.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 246 litres of liquor from an Auto.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated at the instance
of Chowkidar but then it is submitted that if the Chowkidar was
aware about the involvement of the petitioner in the occurrence,
Patna High Court CR. MISC. No.6590 of 2026(2) dt.31-01-2026
2/2
then why he did not inform the police prior to institution of the
instant FIR, which casts an aspersion on the case of the
prosecution. It is also submitted that petitioner is in custody
since 4-1-2026.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Punaura P.S. Case
No. 213 of 2025.
(Satyavrat Verma, J)
Sumit/-
U T
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