Santosh Kumar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52226 of 2025 Arising Out of PS. Case No.-312 Year-2021 Thana- LAUKAHA District- Madhubani ====================================================== Santosh Kumar Pandit S/o Ramprit Pandit R/o Village- Harbhanga, PSLaukahi, Distt- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratnakar Jha, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Laukaha P.S. Case No. 312 of 2021 (G.R. No. 1790 of 2021) instituted for the offences under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, the police has recovered total 297 liters of illicit country-made liquor from the car.
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 due to local politics. He further submits that
Patna High Court CR. MISC. No.52226 of 2025(2) dt.06-08-2025 2/3 nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. The petitoiner has been implicated in this case only due to his being the registered owner of the alleged Centro Car bearing Regd. No. BR1Z4169 and, except this, there is nothing against the petitioner. The petitioner has never indulged either in manufacturing or trading of the illicit liquor. 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 no criminal antecedent and is languishing in judicial custody since 30.04.2025 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 and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on
Patna High Court CR. MISC. No.52226 of 2025(2) dt.06-08-2025 3/3 furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Laukaha P.S. Case No. 312 of 2021 (G.R. No. 1790 of 2021). (Rudra Prakash Mishra, J) rishi/- U T