Sanjay Kumar @ Sanjay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10914 of 2026 Arising Out of PS. Case No.-1 Year-2026 Thana- PARIHAR District- Sitamarhi ====================================================== Sanjay Kumar @ Sanjay Mahto S/o Hari Narayan Mahto Resident of VillageJagdar ward no. 08 (New) @ Jagdar ward no. 5(old), P.S.- Parihar, DistrictSitamarhi ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 17-02-2026 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the recovery is of 278 liters of nepali liquor from three plastic sacks from the house of the petitioner on the place of occurrence.

4. Learned counsel for the petitioner submits that the name of the petitioner has surfaced in the case on account of suspicion. No recovery has been made from the physical and conscious possession of the petitioner rather there is recovery from a house which is a joint family property. There is no

Patna High Court CR. MISC. No.10914 of 2026(2) dt.17-02-2026 2/3 independent witness to the said seizure list and the petitioner has no criminal antecedent.

5. The application is opposed by the learned APP for the State.

6. Considering the fact that no recovery has been made from physical conscious possession of the petitioner and recovery has been made from a house which is a joint family property, the possibility of petitioner being implicated on the basis of suspicion cannot be ruled out and further given the fact that the search and seizure memo is not witnessed by two independent witnesses, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1- Sitamarhi in connection with Parihar P.S. Case No. 01 of 2026, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to the further condition that:- (i) the petitioner shall co-operate in the investigation/trial.

(ii) the learned Court would, however, verify the

Patna High Court CR. MISC. No.10914 of 2026(2) dt.17-02-2026 3/3 criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Alok Kumar Sinha, J) Gaurav Sinha/- U