Santosh Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24974 of 2026 Arising Out of PS. Case No.-33 Year-2026 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== Santosh Patel S/o Jitendra Singh R/o Village- Amba, Meh, P.S- Narari Kala Khurd, Dist- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rupa Kumari, Advocate.

For the Opposite Party/s :

Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Narari Kala Khurd P.S. Case No. 33 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

3. The case of the prosecution, in short, is that from a bike, altogether 135 liters of spirit was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS

Patna High Court CR. MISC. No.24974 of 2026(3) dt.12-05-2026 2/2 while making the seizure. He further submits that the petitioner is the owner of the said bike and from perusal of the seizure list, it will transpire that the seizure has been made from one Ramesh Sharma and the petitioner. Moreover, the petitioner is languishing in judicial custody since 13.02.2026.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of three cases of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall not indulge himself in similar nature of offences in future. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II, Aurangabad, Bihar in connection with Narari Kala Khurd P.S. Case No. 33 of 2026.

(Ashok Kumar Pandey, J) Sudhanshu/- U T