Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44426 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- BHUTAHI District- Sitamarhi ====================================================== Santosh Kumar Son of Yogi Mahato Resident of Village- Koili Ward No 12 Uttarwari Tola PS -Bathnaha District -Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhutahi P.S. Case No. 23 of 2025 instituted for the offences under Section 317(2) of the Bhartiya Nyaya Sanhita, 2023 and 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 48 liters illicit Nepali liquor from the motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.44426 of 2025(2) dt.15-07-2025 2/2 petitioner has no concern either with the alleged recover of liquor or the seized motorcycle. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has two criminal antecedents in which he is on bail and is languishing in judicial custody since 16.05.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Bhutahi P.S. Case No. 23 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T