Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19456 of 2026 Arising Out of PS. Case No.-22 Year-2025 Thana- DAGARUA District- Purnia ====================================================== Santosh Kumar Son of Vijay Paswan @ Vinay Paswan Resident of Village - Suhai, P.S. - Vaishali, Dist. - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-03-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Dagarua P.S. Case No. 22 of 2025, registered for the offences punishable under Sections 274, 275, 318(4), 338, 336(3), 340(2), 3(5) of BNS and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 3707.400 litres of IMFL/country made liquor from the Tanker.

4. It is submitted by learned counsel that petitioner implicated with present case only being registered owner of Tanker which was found involved in carrying consignment of illicit

Patna High Court CR. MISC. No.19456 of 2026(2) dt.31-03-2026 2/2 liquor as alleged. It is submitted that admittedly no recovery was made from the physical possession of the petitioner.

5. Explaining criminal antecedent, petitioner found involved in four criminal cases, where he is on bail in all cases.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid facts and circumstances as recovery of illicit liquor prima facie not appears to be made from the conscious physical possession of this petitioner, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Court No. 01, Purnia/concerned Court, where the case is pending in connection with Dagarua P.S. Case No. 22 of 2025,, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T