Santosh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17366 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Santosh Rai Son of Nandkishore Rai Resident of Village - Shakhpur, P.S. - Ahiyapur, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Excise PS Case No. 19 of 2025 instituted for the offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that total 77.580 litres of foreign liquor was recovered from the Bus. 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. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is only the staff of the bus and he has no knowledge regarding the nature of goods kept in the vehicle.
Patna High Court CR. MISC. No.17366 of 2025(2) dt.19-03-2025 2/2 The petitioner is in custody since 11.01.2025 and has no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 18.02.2025 passed in Cr. Misc. No. 8825 of 2025.
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, clean antecedent of the petitioner 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. 19 of 2025.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T