Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28912 of 2025 Arising Out of PS. Case No.-376 Year-2025 Thana- NAGAR District- Vaishali ====================================================== 1.

Santosh Kumar Son of Binda Ray R/O Vill.- Hatsarganj, Jamunilal College, P.S.- Town, Distt.- Vaishali.

2.

Bishwajeet Kumar Singh Son of Shambhunath Singh R/O Vill.- Akilpur, P.S.- Sonepur, District - Saran.

... ... 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. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Hajipur Town P.S. Case No. 376 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 73.260 litres of liquor has been recovered from the shop of the petitioners.

Patna High Court CR. MISC. No.28912 of 2025(2) dt.06-05-2025 2/3

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners rather the recovery has been made from the shop of the petitioners which is easily accessible to local people. Learned counsel further contended that petitioners were completely unaware regarding the liquor in their shop and, as a matter of fact, the storage of illicit liquor was planted by the business enemy of the petitioners with the help of other staffs of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 03.04.2025 and have no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties

Patna High Court CR. MISC. No.28912 of 2025(2) dt.06-05-2025 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Town P.S. Case No. 376 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T