Santosh Kumar Yadav @ Santosh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59783 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- Benibad District- Muzaffarpur ====================================================== Santosh Kumar Yadav @ Santosh Rai, S/o- Kishundeo Rai, r/o VillageMahpur Basauli, P.S. - Garha (Ahiyapur) Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratneshwar Prasad, Advocate.
For the State :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Benibad P.S. Case No. 62 of 2025, dated 08.05.2025 registered for the offences punishable under Sections 317(5), 3(5) B.N.S. and Section 30(a) of Bihar Prohibition and Excise Act.
3. As per allegation, 628,035 litres of illicit liquor was recovered from three wheeler pick-up van bearing registration No. BR06GG-7097. Further case of the prosecution is that at the place of recovery, Motorcycle belonging to the petitioner was also lying in suspicious condition.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.59783 of 2025(2) dt.23-09-2025 2/3 case. He further submits that even as per the FIR, no contraband was recovered from the Motorcycle belonging to the petitioner and hence, there is no question of involvement of the petitioner in the alleged offence. He also submits that there is no basis of initiating the present prosecution case against the petitioner. As such, this is persecution and not prosecution, as no case is made out against the petitioner as per the alleged facts and circumstances.
5. It is also stated in paragraph No. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph No.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.59783 of 2025(2) dt.23-09-2025 3/3 learned concerned court below in connection with Benibad P.S. Case No. 62 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T