Sanjay Kumar @ Sanjay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35643 of 2026 Arising Out of PS. Case No.-55 Year-2026 Thana- KASIMBAZAR District- Munger ====================================================== Sanjay Kumar @ Sanjay Yadav Son of Kamleshwari Prasad Yadav Resident of Nawtoliya, J.R.S. College Road, P.S.- Kasim Bazar, District- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jyoti Ranjan Jha, Adv.
Mr.Surya Narayan Sah, Adv.
For the Opposite Party/s :
Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-06-2026 Heard Mr. Jyoti Ranjan Jha, learned Advocate for the petitioner and learned Additional Public Prosecutor for the State through virtual mode.
2. The petitioner apprehends his arrest in connection with Kasim Bazar P.S. Case No. 55 of 2026, registered for the offences punishable under Sections 30(a), 32, 56 of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. The police on a tip off selling of illicit liquor conducted a raid. However, noticing the police party, some persons, who were present there succeeded in fleeing away and one Rakesh Kumar was apprehended. The apprehended person disclosed the name of the petitioner as one of the accomplice, who indulged in selling of liquor. On search, total 9.5 litres
Patna High Court CR. MISC. No.35643 of 2026(2) dt.01-06-2026 2/3 country made chulai liquor was recovered, besides five motorcycles which were parked there.
4. Learned Advocate for the petitioner submits that the alleged recovery has been made nearby the farm of the petitioner and only on account of suspicion the name of the petitioner has been implicated in this case. The petitioner has neither any concern with the illicit liquor nor with the motorcycles which were recoered from the place of occurrence. Only on account of the reason that the recovery has been made beside the farm of the petitioner, his name has been implicated in this case. The aforesaid position is also fortified by the fact that the petitioner has never been implicated in any of the penal provisions of the Bihar Prohibition and Excise (Amendment) Act. There is absence of cogent material which attracts the rigors provided under Section 76 of the Bihar Prohibition and Excise (Amendment) Act.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the alleged recovery has been made from the farm of the petitioner.
6. Having considered the submissions advanced on behalf of the respective parties and taking note of the fact that the alleged recovery has been made from an open place nearby
Patna High Court CR. MISC. No.35643 of 2026(2) dt.01-06-2026 3/3 the farm of the petitioner and there is non-compliance of the mandatory provisions of Sections 103 and 105 of the BNSS, besides the fair antecedent of the petitioner, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. Case No. 55 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) Anjani/- U T