Santosh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16666 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Santosh Pandey S/o- Late Brahma Pandey R/o- Mathiamafi Ps- Vishunpura Dist- Kushinagar U.P 2.

Raju Kumar S/o- Harishankar @ Harishankar Madesia @ Harisakar R/oMathiamafi Ps- Vishunpura Dist- Kushinagar U.P ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepankar Raj For the Opposite Party/s :

Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Kuchaikote P.S. Case No. 16 of 2025 dated 06.01.2025 registered for the offences punishable u/ss 317(5) read with Section 3(5) of BNS and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 475.200 litres of illicit foreign liquor was recovered from Bolero pickup.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not the owner of the seized vehicle. The petitioner are the driver and co-passenger of the seized

Patna High Court CR. MISC. No.16666 of 2025(2) dt.03-04-2025 2/2 vehicle. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 06.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Kuchaikote P.S. Case No. 16 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T