Patna High Court
Sanjeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioners.
Summary
The petitioners, Sanjeev Kumar and co‑accused, were arrested in Bodhgaya for alleged gambling and drunkenness, with cards, cash and a motorcycle recovered from a community hall. They sought bail, claiming innocence, lack of any incriminating material in their possession, a clean antecedent, and that another co‑accused had already been bailed. The State opposed bail, citing offences under the Bharatiya Nagarik Suraksha Sanhita, the Gambling Act and the Bihar Prohibition and Excise Act. The Court considered the nature of the offences, the petitioners' custody period, and the absence of material directly linked to them, as well as non‑compliance with Section 103 of the BNS. Accordingly, the Court granted bail, directing each petitioner 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 Sections 318(4), 3(5) of the Bharatiya Nagarik Suraksha Sanhita, Sections 3/4 of the Gambling Act and Section 37 of the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 318(4), 3(5)
Subjects
- bail
- gambling
- prohibition
- excise
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- public place
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85346 of 2025
Arising Out of PS. Case No.-737 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
Sanjeev Kumar S/O Ramdeo Yadav R/O Village- Sizua, P.S.- Bodhgaya,
District -Gaya ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prithivi Raj Singh, Adv.
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 22-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Bodhgaya
P.S. Case No. 737 of 2025, instituted for the offences punishable
under Sections 318(4), 3(5) of the BNS, under Section-3/4 of
Gambling Act and Section 37 of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that the accused
were caught gambling during police patrolling and were found in a
drunken state. It is further alleged that there is recovery of playing
cards and cash as also motorcycle from the spot.
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
Patna High Court CR. MISC. No.85346 of 2025(3) dt.22-01-2026
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the conscious possession of the petitioners rather the recovery has
been made from the community hall which is a public place and is
accessible to public at large. The petitioners are in custody since
22.10.2025 and have got clean antecedent. Learned counsel for the
petitioners further submits that other co- accused has been granted
bail by this Court vide order dated 04.12.2025 passed in Cr. Misc.
No. 85095 of 2025. 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 petitioners.
6. Considering the aforesaid facts and circumstances of
the case, claim based on parity 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/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bodhgaya P.S. Case No.
737 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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