Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43811 of 2026 Arising Out of PS. Case No.-70 Year-2026 Thana- Mufassil District- Khagaria ====================================================== 1.
Sanjay Kumar S/o Kamadev Yadav Resident of Village- Tulsi Tola, Ward No. 03, Paharpur, Police Station- Balia, District- Begusarai. 2.
Amresh Kumar S/O Devendra Yadav Resident of Village- Nanhku, Ward No. 09, Mandal Tola, P.S.- Khagaria, Distt.- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar, Advocate.
For the Opposite Party/s :
Mr.Manoj Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-07-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Mufassil P.S. Case No. 70 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, as amended uptodate.
3. Allegation is of recovery of 159.75 litres of foreign liquor from two motorcycles bearing Registration Nos. BR34X1999 and BR34X6951, said to be of the petitioners.
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have been falsely implicated in the case because of the fact that
Patna High Court CR. MISC. No.43811 of 2026(2) dt.08-07-2026 2/3 they are the owner of the motorcycles from which alleged liquor was recovered. In fact, the petitioners had given their motorcycles to their friend for some urgent work and they were unaware that their motorcycles will be misused. They have no concern either with the seized liquor or trade of liquor in any manner. The petitioners have clean antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Having considered the rival submissions made on behalf of the parties and the nature of allegation against the petitioners, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount along with Bank Guarantee of Rs. One lakh each, to the satisfaction of learned District Court where the case is pending in connection with Mufassil P.S. Case No. 70 of 2026, subject to the condition as laid down under Section 438(2) of the Cr.P.C / Section 482 (2) BNSS.
7. The District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners
Patna High Court CR. MISC. No.43811 of 2026(2) dt.08-07-2026 3/3 are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T