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Patna High CourtCR. MISC./35172/2026bail granted

Sanjeev Kumar v. The State Of Bihar

2026-05-21Mr. Justice Praveen Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35172 of 2026 Arising Out of PS. Case No.-91 Year-2026 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Sanjeev Kumar S/o Krishna Paswan Resident of Village- Mohanpur, P.S. Dhobaha, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 21-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual mode.

2. The petitioner is apprehending his arrest in a case in connection with Udwantnagar P.S. Case No. 91 of 2026 dated 22.02.2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the allegation, during a checking drive, two persons on a motorcycle tried to flee away on seeing the police but one of them fell and was apprehended. The apprehended accused disclosed his name as Ashish Yadav, whereas, there is allegation that the petitioner fled away with the motorcycle. It

Patna High Court CR. MISC. No.35172 of 2026(2) dt.21-05-2026 2/3 has been alleged that altogether, 40 litres of country made liquor was recovered from the spot.

4. Learned counsel for the petitioner has submitted that the petitioner was not apprehended on the spot and his name has transpired on the basis of confessional statement of the co-accused before the police while in police custody. It has further been submitted that the procedure prescribed under Section 105 of the B.N.S.S has not been followed. It has lastly been submitted that the petitioner has got no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Heard the parties and perused the record.

7. Considering the facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge Court No.2, Bhojpur at Ara, in connection with Udwantnagar P.S. Case No. 91 of 2026, subject to conditions as laid down under section 482(2) of the B.N.S.S.

Patna High Court CR. MISC. No.35172 of 2026(2) dt.21-05-2026 3/3

8. Accordingly, the present anticipatory bail application stands allowed.

(Praveen Kumar, J) Divyansh/- U T