Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14261 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- Excise P.S. District- Sitamarhi ====================================================== Santosh Kumar Son of Yogi Mahato Resident of Village- Koili, Ward No.- 12, Uttarwari Tola, PS- Bathnaha, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 45 of 2025 instituted for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 706.320 litres of foreign liquor has been recovered from the house of the petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.14261 of 2025(2) dt.07-03-2025 2/2 possession of the petitioner rather the recovery has been made from the joint house of the petitioner where other family members of the petitioner also reside. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 15.01.2025 and has one criminal antecedent. There is no compliance of Sections 103 and 105 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP 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 Sitamarhi P.S. Case No. 45 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T