Patna High Court

Sanjeev Kumar @ Sanjeev Kumar SrivastavaversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

The bail petition was dismissed, and the petitioner was not granted bail.

Summary

The petitioner, Sanjeev Kumar Srivastava, was arrested in connection with a case involving the sale of spurious liquor that allegedly caused four deaths. He faced charges under several sections of the Indian Penal Code (272, 273, 328, 307, 304, 120/34) and the Bihar Prohibition and Excise Act (30(a), 37(b), 33, 34). The petitioner contended that he was falsely implicated, had no incriminating material in his possession, was not named in the FIR, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, emphasizing the seriousness of the offences and noting that bail had been denied to co‑accused in related matters. After considering the gravity of the allegations, the petitioner’s criminal antecedents, and the lack of compliance with statutory requirements, the Court refused to grant bail.

Issues considered

Whether bail should be granted to the petitioner given the seriousness of the offences and the circumstances of the case
Whether the prosecution’s alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail
Whether the petitioner’s claim of being falsely implicated and lack of incriminating material affect the bail decision

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Indian Penal Code — s. 120/34, 272, 273, 304, 307, 328

Subjects

bail
spurious liquor
IPC
prohibition act
serious offences
death
criminal antecedents
section 103
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79235 of 2025
                        Arising Out of PS. Case No.-377 Year-2022 Thana- AMNAUR District- Saran
                 ======================================================
                 Sanjeev Kumar @ Sanjeev Kumar Srivastava Ashok Kumar @ Ashok Kumar
                 Srivastava Resident of - Tengra More Ramnagar, Varanasi, P.S. - Ramnagar,
                 District - Varanasi, U.P.
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :       Mr.Meena Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

5   13-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                                2. The petitioner seeks bail in connection with

                   Amnaur P.S. Case No. 377 of 2022, instituted for the offences

                   punishable under Sections 272, 273, 328, 307, 304 and 120/34

                   of the Indian Penal Code and Section 30(a), 37(b), 33 and 34 of

                   the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that Police got

                   information that several persons are dying on account of

                   consumption of spurious liquor.

                                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.79235 of 2025(5) dt.13-03-2026
                                                       2/2




                     no concern with the alleged recovery of liquor. The petitioner is

                     not named in the F.I.R. The name of the petitioner has been

                     disclosed by co-accused. The petitioner is in custody since

                     20.08.2025 and has got two criminal antecedents. 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. The petitioner is

                     involved in selling of spurious liquor due to which four persons

                     died. He further submitted that the bail petition of other co-

                     accused has been rejected by this Court vide order dated

                     20.11.2025 passed in Cr. Misc. No. 44841 of 2025 and vide

                     order dated 03.02.2026 passed in Criminal Miscellaneous No.

                     73624 of 2025.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the nature of allegation, this Court is not inclined

                     to grant bail to the petitioner. Accordingly, the prayer for bail is

                     rejected.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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