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Patna High Court/48296/2026bail granted

Santosh Kumar @ Santos Kumar v. The State Of Bihar

2026-07-22Mr. Justice Kumar Manish3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48296 of 2026 Arising Out of PS. Case No.-375 Year-2026 Thana- MADHAURAH District- Saran ====================================================== Santosh Kumar @ Santos Kumar S/O Tarkeshwar Raut @ Tarkeshwar Prasad Village - Fenhara, P.S. Taraiya, Dist- Saran at Chapra ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 22-07-2026 Heard Mr. Vijay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Khurshid Anwar, learned APP for the State.

2. The present application has been filed on behalf of the petitioner for grant of regular bail in connection with Marhowrah P.S. Case No. 375 of 2026, for the offence punishable under sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, on a secret information, the Police reached on the spot from where total 225 litres of country made liquor was recovered and 52.5 litres of country made wine has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submitted that

Patna High Court CR. MISC. No.48296 of 2026(2) dt.22-07-2026 2/3 the petitioner is innocent and has falsely been implicated in the present case having clean antecedent. It is further submitted that the seizure list witnesses are police personnel and not independent witness so there is non-compliance of Sections 103 and 105 of BNSS. The petitioner is in custody since 29.04.2026.

5. Similarly situated co-accused person, namely, Parduman Kumar Baitha, has been granted regular bail by a coordinate Bench of this Hon'ble Court vide order dated 17.06.2026 passed in Cr. Misc. No. 38045 of 2026 and other similarly situated co-accused person, namely, Dilip Kumar @ Dilip Prasad @ Deelip Prasad has been granted regular bail by a coordinate Bench of this Hon'ble Court vide order dated 27.05.2026 passed in Cr. Misc. No. 36129 of 2026.

6. Learned APP for the State has vehemently opposed the prayer for bail.

7. Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-2, Saran at Chapra/concerned court in connection with Marhowrah P.S. Case No. 375 of 2026, subject to following conditions:-

Patna High Court CR. MISC. No.48296 of 2026(2) dt.22-07-2026 3/3 (i) One of the bailors should be family member of the petitioner.

(ii) Petitioner will co-operate in the trial and will remain present on all dates personally or should be duly represented through his counsel and whenever required to be physically present by the court, he should physically appear in the Court on that date.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Kumar Manish, J) Ranjeet/- U T