Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31724 of 2026 Arising Out of PS. Case No.-328 Year-2026 Thana- Excise P.S. District- Aurangabad ====================================================== Santosh Kumar S/O Chhedi Saw R/O Village- Bikua Kalan, Ward no.- 8, P.O. and P.S- Maigra, Distirct- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhash, Advocate.

For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 14-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail registered for the offence punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that from a bolero pick-up, altogether 400 liters of illicit foreign liquor 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 petitioner is the owner of the said pickup van. The witnesses of the seizure list are police personnel and the

Patna High Court CR. MISC. No.31724 of 2026(2) dt.14-05-2026 2/2 police has not complied with Section 105 of the BNSS while making the seizure. He further submits that the petitioner is the owner of the said pick-up van. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 30.03.2026.

5. The application for bail is opposed by learned APP for the State.

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 Special Judge, Excise-II, Aurangabad, Bihar in connection with Aurangabad Excise P.S. Sadar Case No. 328 of 2026. (Ashok Kumar Pandey, J) Sudhanshu/- U T