Sanjeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8871 of 2026 Arising Out of PS. Case No.-79 Year-2025 Thana- JADIA District- Supaul ====================================================== 1.
Sanjeev Kumar Son of Amod Yadav Resident of Village - Gudiya, P.S.- Jadia, District - Supaul.
2.
Satish Kumar Son of Yogendra Yadav @ Jigan Yadav @ Jogan Yadav Resident of Village - Gudiya, P.S.- Jadia, District - Supaul. 3.
Vijay Yadav @ Vijay Kumar Son of Satyanarayan Yadav Resident of Village and P.S.- Kumarkhand, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Goutam, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-02-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in connection with Jadia P.S. Case No. 79 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, on the basis of secret information, 72 litre foreign liquor was recovered from Celerio Maruti Car in question and petitioners succeeded in fleeing away from the place of occurrence.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.8871 of 2026(2) dt.18-02-2026 2/3 petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case due to dirty village politics. He further submits that petitioners are not the owner of the said vehicle in question. Learned counsel further submits that in the F.I.R., it has been mentioned that the name of the petitioners has been surfaced in this case on the basis of secret information but the source of information has not been disclosed in the F.I.R. Hence, the authenticity of the F.I.R. is doubtful. Petitioners were not found at the place of occurrence. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioners under the provisions of Bihar Prohibition and Excise Act. Petitioners bear no criminal antecedent.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners by submitting that petitioners are FIR named accused person and hence, they cannot escape from the allegation made in FIR.
6. Considering the facts and circumstances of the case, petitioners were not found at the place of occurrence, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners
Patna High Court CR. MISC. No.8871 of 2026(2) dt.18-02-2026 3/3 above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Court No. 1, Supaul in connection with Jadia P.S. Case No. 79 of 2025, subject to the conditions as laid down under Section 482 (2) of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J) alok/- U T