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Patna High CourtCR. MISC./56413/2025allowed

Santosh Das @ Santosh Kumar @ Santosh Kumar Das v. The State Of Bihar

2025-09-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56413 of 2025 Arising Out of PS. Case No.-73 Year-2025 Thana- Chhaudahi District- Begusarai ====================================================== Santosh Das @ Santosh Kumar @ Santosh Kumar Das, S/o Narayan Das, R/o Village- Rajopur, P.S.- Chhaurahi, District- Begusarai (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Keshab Raj, Advocate Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Chhaurahi P.S. Case No. 73 of 2025 for the offence registered under Section 30(a) of Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, there is total recovery of 11.625 litres of illicit liquor was made in the Bhuskhar of Ramsogarath Das and it is alleged that the petitioner fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. Petitioner was neither present on the spot nor any incriminating article has been

Patna High Court CR. MISC. No.56413 of 2025(2) dt.08-09-2025 2/2 recovered from the conscious possession of the petitioner. Further submission is that petitioner has no concern with the place of occurrence or seized liquor. There is no independent witness to the seizure list that is the violation of provision under Section 103 of the BNSS. After this case, petitioner has been implicated in one other case of similar nature. He undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-I, Begusarai, in connection with Chhaurahi P.S. Case No. 73 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) khushbu/- U T