Patna High Court
Sanjeet Kumar @ Rambabu Thakur @ RambabuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner subject to a bond of Rs.15,000, two sureties and conditions of appearance.
Summary
The Patna High Court considered an application for bail by Sanjeet Kumar, who was charged under the Bihar Prohibition and Excise Act (ss.30(a), 32(2), 41(1), 41(2)) and the Arms Act (ss.25(1‑Ba), 26, 35) for possession of large quantities of liquor, a pistol, magazines and live cartridges. The petitioner claimed innocence, arguing that no incriminating material was found on him, that his name arose only from a co‑accused’s confession, and that he was not the owner of the vehicle involved. Although he had seven prior criminal convictions and the State opposed bail, the court noted the lack of direct evidence and the period of custody already served. The court therefore granted bail, subject to a bond of Rs.15,000, two sureties, and conditions of regular appearance in court. The order also required framing of charge if not already done.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges under the Bihar Prohibition and Excise Act and the Arms Act and a history of seven prior convictions
- Whether the confession of a co‑accused can alone justify continued detention
- Whether non‑compliance with Section 103 of the B.N.S.S., 2023 bars the grant of bail
Legislation cited
- Arms Act — s. 25(1‑Ba), 26, 35
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- anticipatory bail
- Bihar Prohibition and Excise Act
- Arms Act
- criminal antecedents
- confessional statement
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86591 of 2025
Arising Out of PS. Case No.-228 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Sanjeet Kumar @ Rambabu Thakur @ Rambabu S/o Devu Thakur R/o
village - Karakh, P.S - Bibhutipur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Kumar, Advocate
For the Opposite Party/s : Mr.Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in Bibhutipur P.S. case No.
228 of 2025 instituted for the offences under Sections 30(a),
32(2), 41(1) and 41(2) of the Bihar Prohibition and Excise Act
and Sections 25(1-B)a, 26 and 35 of the Arms Act. Earlier, the
petitioner has filed an application for grant of anticipatory bail
which was rejected by order dated 22.09.2025 passed in Cr.
Misc. No. 51788 of 2025 by a Coordinate Bench of this Court.
3. The prosecution case, in short, is that 1103.25 liters
liquor was recovered from truck, one country made pistol, four
magazines and eight live cartridges have been recovered.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.86591 of 2025(3) dt.19-01-2026
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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. It is
further submitted that arms have been recovered from the
possession of co-accused. The petitioner is not the owner of the
vehicle in question. The name of the petitioner has transpired in
course of investigation on the basis of confessional statement of
co-accused which has no evidentiary value. The petitioner is in
custody since 31.10.2025 and has got seven criminal
antecedents. There is no compliance of Section 103 of B.N.S.S.,
2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. The
petitioner has seven criminal antecedents, hence, he does not
deserve bail.
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 after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
Patna High Court CR. MISC. No.86591 of 2025(3) dt.19-01-2026
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amount each to the satisfaction of Court below/concerned Court
in connection with Bibhutipur P.S. case No. 228 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
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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