Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32607 of 2026 Arising Out of PS. Case No.-18 Year-2026 Thana- SANOKHAR District- Bhagalpur ====================================================== Sanjeev Kumar S/O Late Janardhan Ray Resident of Village- Rupanpatti, Police station- Sanokhar, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-05-2026 Heard Dr. Manoj Kumar, learned counsel for the petitioners and Dr. Kumar Uday Pratap, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 21.03.2026, in connection with Sanokhar P.S. Case No. 18 of 2026, F.I.R. dated 20.03.2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2023.

3. Recovery is of 846.720 litres of country made foreign liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has

Patna High Court CR. MISC. No.32607 of 2026(2) dt.13-05-2026 2/3 been recovered from the conscious possession of the petitioner rather recovery has been made from the Pick-up van in question and the petitioner is not the owner of the Pick-up van in question. It appears from the seizure list that the seizure list witnesses are police personnel so there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 21.03.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedents and nothing has been recovered from the conscious possession of the petitioner and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Bhagalpur, in connection with Sanokhar P.S. Case No. 18 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.32607 of 2026(2) dt.13-05-2026 3/3 and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T