Santosh Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59113 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- Nawalpur District- West Champaran ====================================================== 1.

Santosh Kushwaha, Son of Rajendra Prasad, Kushvaha Resident of Village - Semri Koeiri Tola, P.S.- Nawalpur, District - West Champaran. 2.

Suresh Mukhiya, Son of Late Chandarika Mukhiya, Resident of - Semariman, P.S.- Nawalpur, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Nawalpur P.S. Case No. 103 of 2025 for the offence registered under Sections 317(5), 3(5) of the BNS and Section 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 3 litres of country made liquor recovered from the motorcycle without number plate in possession of the petitioners.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Petitioners have no concern with the seized liquor.

Patna High Court CR. MISC. No.59113 of 2025(2) dt.11-09-2025 2/2 Nothing has been recovered from the conscious possession of the petitioners. Petitioners are not the owner of the seized motorcycle. Petitioners are in jail custody since 01.07.2025, having no criminal antecedent. Petitioners undertake to cooperate in the trial of the case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioners.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court, Excise-II, Bettiah, West Champaran, in connection with Nawalpur P.S. Case No. 103 of 2025.

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