Santosh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13685 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== Santosh Pandit S/O Ayodhya Pandit R/O Vill.- Chailaha Chowk, P.SBanjariya, Dist - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise PS Case No. 115 of 2025 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 30 litres of country made liquor was recovered from motorcycle.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.13685 of 2025(2) dt.03-03-2025 2/2 The petitioner has got no concern with the alleged recovery of liquor. It is submitted that the name of the petitioner has transpired as being registered owner of the motorcycle in question. The petitioner is in custody since 20.01.2025 and has got one criminal antecedent in which he is on bail . There is no compliance of Section 103 of B.N.S.S. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise PS Case No. 115 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T