Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44624 of 2025 Arising Out of PS. Case No.-845 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Santosh Kumar S/o- Late Sita Prajapati Village- Golha, P.S.- Dibra, DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwa Bijay Kumar For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Section 30(a)/32(3) of Bihar Prohibition and Excise Act.

3. As per F.I.R., 70.380 liters of foreign liquor has been recovered from the tempo.

4. Learned counsel for the petitioner submits that petitioner is no more owner of the seized vehicle. He further submits that due to non-payment of loan amount, the aforesaid tempo was seized by the agency four years ago and sold the same to someone else. The petitioner cannot be held to be owner of the vehicle in question. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.44624 of 2025(2) dt.15-07-2025 2/2

6. Considering the aforesaid facts & circumstances, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise 2nd, Aurangabad, in connection with Excise P.S. Case No. 845/2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Saif/- U T