Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5237 of 2026 Arising Out of PS. Case No.-342 Year-2025 Thana- NADI P.S. District- Patna ====================================================== Sanjay Kumar Son of Mahendra Prasad @ Mahendra Rai @ Mahendra Ray Resident of Village - Kacchidargah, Alampur, P.S.- Nadi, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Rai, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nadi P.S. Case No. 342/2025 instituted for the offences punishable under Sections 30(a), 37(b), 37(c) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 34 litres of liquor was recovered from cowshed.

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 rather the recovery has been made from an open place which is accessible to public at large.

Patna High Court CR. MISC. No.5237 of 2026(2) dt.29-01-2026 2/3 Learned counsel further submitted that petitioner has no concern with the alleged recovery of liquor. The petitioner is in custody since 25.12.2025 and has six criminal antecedents. 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, after framing of charge, if not already framed, 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 Nadi P.S. Case No. 342/2025, 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.

Patna High Court CR. MISC. No.5237 of 2026(2) dt.29-01-2026 3/3 (III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(IV) If the petitioner is found involved in the similar nature of offence in future, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) atul/- U T