Santosh Kumar Mahanta @ Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27418 of 2026 Arising Out of PS. Case No.-12 Year-2026 Thana- EXCISE SONPUR District- Saran ====================================================== Santosh Kumar Mahanta @ Santosh Kumar S/o Munnaka Mahto R/O Village- Inayatpur, Dhamaun, P.S- Shahpur Patori, Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeet Kumar Singh, Adv.
For the Opposite Party/s :
Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Sonepur Excise P.S. Case No. 12 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 backpack altogether 20.25 liters of illicit foreign liquor were 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. Learned counsel also submits that nothing has been recovered from the possession of the petitioner. The witnesses
Patna High Court CR. MISC. No.27418 of 2026(2) dt.04-05-2026 2/2 of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. He further submits that the petitioner is languishing in judicial custody since 15.02.2026.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of one case 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. 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 3rd Exclusive Special Excise Court, Saran at Chapra in connection with Sonepur Excise P.S. Case No. 12 of 2026. (Ashok Kumar Pandey, J) Sudhanshu/- U T