Santosh Kumar @ Santosh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41122 of 2025 Arising Out of PS. Case No.-145 Year-2025 Thana- Excise P.S. District- Madhubani ====================================================== Santosh Kumar @ Santosh Yadav S/o Bhushan Yadav Resident of villageKamalbari, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Madhubani Excise P.S. case No. 145 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 69 liters liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is not the owner of the
Patna High Court CR. MISC. No.41122 of 2025(2) dt.03-07-2025 2/2 motorcycle in question. The petitioner is in custody since 26.04.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhubani Excise P.S. case No. 145 of 2025.
(Rudra Prakash Mishra, J) Pankaj/- U T