Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24433 of 2025 Arising Out of PS. Case No.-123 Year-2024 Thana- Lakho District- Begusarai ====================================================== Santosh Kumar Son of Ramarchha Singh Resident of village- Pansalla, PsLakho, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Lakho P.S. Case No. 123 of 2024, dated 03.09.2024, lodged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 128.25 litres of illicit liquor has been made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the petitioner's name has figured in the
Patna High Court CR. MISC. No.24433 of 2025(2) dt.06-05-2025 2/3 case only by virtue of the supplementary investigation conducted by the Investigating Officer. It is submitted that the petitioner is neither the owner nor the driver of the vehicle in question, nor is he otherwise connected with it in any manner.
5. Counsel also submits that the petitioner's name has surfaced solely on the basis of the confessional statement of the co-accused, Bambam Kumar. It is further submitted that the criminal antecedent of the petitioner is not clean, there are two criminal cases pending against him, both cases pertain to offences under the Indian Penal Code and are not related to any excise matter.
6. Learned APP for the State opposes the prayer for bail of the petitioner.
7. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Judge- I, Begusarai, in connection with Lakho P.S. Case No. 123 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
Patna High Court CR. MISC. No.24433 of 2025(2) dt.06-05-2025 3/3
8. It is directed to the petitioner that, at the time of furnishing his bail bond before the Trial Court, he shall satisfy the Trial Court that he is not absconding in Mufassil P.S. Case No. 310 of 2020 and Town P.S. Case No. 221 of 2020. (Dr. Anshuman, J.) Aman Kumar/- U T