Patna High Court
Sanjiv Yadav @ Vikash Yadav @ Sanjeev Kumar @ Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding that his clean antecedent and lack of personal incriminating material warranted release.
Summary
The petitioner, Sanjiv Yadav, sought bail in a Special Excise case (PS No.1493 of 2025) for alleged offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, where 117.41 litres of liquor were recovered from his joint family house. The petitioner claimed innocence, stating no liquor was found in his personal possession, he has no criminal antecedents, and the recovery was from a house shared with other family members. The State opposed bail, but the court noted the petitioner’s clean record, short period of custody since 17‑11‑2025, and lack of incriminating material, as well as non‑compliance with Section 103 of the BNSS, 2023. Weighing these factors, the court decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite the recovery of liquor from his joint residence.
- Whether non‑compliance with Section 103 of the BNSS, 2023, precludes the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- prohibition
- criminal procedure
- clean antecedent
- Section 30
- Section 41
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91252 of 2025
Arising Out of PS. Case No.-575 Year-2025 Thana- DANAPUR District- Patna
======================================================
Sanjiv Yadav @ Vikash Yadav @ Sanjeev Kumar @ Vikas Kumar S/o
Dinanath Ray Resident of - Ward no. 14, Near - SBI, Sultanpur, P.S -
Danapur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhukar Anand, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 31-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Special
Excise PS Case No. 1493 of 2025, arising out of Danapur PS
Case No. 575 of 2025 instituted for the offences under Section/s
30(a) & 41 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 117.41 liters
liquor was recovered from the house of the petitioner.
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
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.91252 of 2025(3) dt.31-01-2026
2/2
that recovery is made from the joint house of the petitioner,
where other family members also reside. The petitioner is in
custody since 17.11.2025 and has got no criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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, clean antecedent of the petitioner 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 on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Special Excise PS
Case No. 1493 of 2025, arising out of Danapur PS Case No. 575
of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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