Patna High Court
Sanjay Kumar @ SanjayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Sanjay Kumar, was arrested in connection with an excise case alleging possession of 84.6 litres of liquor recovered from a Mahindra XUV, violating Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no incriminating article in his possession, no link to the vehicle, no prior criminal record, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. The Court, after considering the lack of direct evidence, the petitioner’s clean record, and the procedural lapse, decided to grant bail. Bail was set at a cash bond of Rs. 15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
Legislation cited
Subjects
- bail
- excise law
- liquor seizure
- false implication
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87544 of 2025
Arising Out of PS. Case No.-493 Year-2025 Thana- Excise P.S. District- Begusarai
======================================================
Sanjay Kumar @ Sanjay Son of Ramayan Kumar Resident of Ward No.- 5,
Ulao, P.S.- Singhaul, District - Begusarai, State - Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikram Anurag, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard Mr. Vikram Anurag, learned counsel for the
petitioner and Mrs. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 493 of 2025 instituted for the offences punishable
under Sections 30(a), 32(3) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 84.6 litres
of liquor was recovered from Mahindra XUV.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.87544 of 2025(2) dt.13-01-2026
2/2
question or the alleged recovery of liquor. The petitioner is in
custody since 13.11.2025 and has no criminal antecedent. There
is no compliance of Section 103 of the Bharatiya Nagarika
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also 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 on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. Case No.
493 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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