Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27208 of 2026 Arising Out of PS. Case No.-53 Year-2026 Thana- PARANDABAR District- Nawada ====================================================== 1.

Santosh Kumar S/o- Ramdev Prasad @ Ramdev Yadav R/v- Jirwatari PsParnadabar Dist- Nawada 2.

Suman Kumar @ Shubham Kumar S/o- Dwarika Yadav R/v- Sabar Chak PsMohanpur Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-04-2026 Heard Mr. Sheo Nandan Prasad, learned counsel for the petitioners and Mr. Rana Randhir Singh, learned Additional Public Prosecutor for the State.

2. Petitioners seeks bail who are in custody since 27.03.2026 in connection with Parnadabar P.S. Case No.53 of 2026, F.I.R. dated 26.03.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Recovery is of 200 liters of country made liquor.

4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered

Patna High Court CR. MISC. No.27208 of 2026(2) dt.22-04-2026 2/3 from the conscious possession of the petitioners rather the recovery has been made from a sack on the motorcycle in question. He further submits that seizure list witnesses are police personnel so there is non-compliance of Section 103 and 105 of BNSS and the petitioners are in custody since 27.03.2026.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners and submits that petitioner no.1 carries one criminal antecedent in which he is on bail and petitioner no.2 has clean antecedent.

6. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court 1, Nawada in connection with Parnadabar P.S. Case No.53 of 2026, subject to the following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.27208 of 2026(2) dt.22-04-2026 3/3 ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T