Patna High CourtCR. MISC./57497/2025allowed

Santosh Kumar Upadhyay v. The State Of Bihar

2025-09-03Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57497 of 2025 Arising Out of PS. Case No.-502 Year-2025 Thana- AGAMKUAN District- Patna ====================================================== Santosh Kumar Upadhyay S/O Late Ramesh Dutt Upadhyay R/O Kumhrar, P.S- Agamkuan, Town and Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prem Nath Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.

3. There is total recovery of 85 litres of country made liquor from the bag of the petitioner and he was apprehended on the spot who had consumed the liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case only on the basis of suspicion. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized liquor. Petitioner has no criminal antecedent and he is in jail since 27.06.2025. Petitioner

Patna High Court CR. MISC. No.57497 of 2025(2) dt.03-09-2025 2/2 undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case as well as the submissions of the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City in connection with Agamkuan P.S. Case No.502 of 2025.

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