Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57734 of 2025 Arising Out of PS. Case No.-492 Year-2025 Thana- FATEHPUR District- Gaya ====================================================== Santosh Kumar S/O Tikam Yadav R/O Village- Gopal Kera Tola Kasiyadih, P.S- Fatehpur, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate Mr. Ajay Kumar Sinha, Advocate Ms. Varsha Verma, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Fatehpur P.S. Case No. 492 of 2025 for the offences registered under Sections 303(2), 317(2) of the B.N.S. and Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 91.125 litre foreign liquor from the joint house of the petitioner along with a stolen motorcycle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Recovery has been made

Patna High Court CR. MISC. No.57734 of 2025(3) dt.11-09-2025 2/2 from the house which is a joint family property. Petitioner has no concern with the seized liquor. There is no independent witness of the seizure-list. Petitioner is a young boy of 21 year having no criminal antecedent. He is in judicial custody since 05.07.2025.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. -04, Gaya in connection with Fatehpur P.S. Case No. 492 of 2025. (Sunil Dutta Mishra, J.) rakhi/- U T