Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73148 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- TARAPUR District- Munger ====================================================== Santosh Kumar S/o Devendra Yadav R/o Village- Kamruddinpur, Ward No. 5, P.S.- Singhol, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surya Narayan Sah, Adv.
For the Opposite Party/s :
Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Tarapur P.S. Case No. 67 of 2025 instituted for the offences under Sections 30(a)/32 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, the police has recovered total 413.625 liters of illicit foreign liquor of different brands from the pick-up vehicle. The petitioner was arrested on the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as
Patna High Court CR. MISC. No.73148 of 2025(2) dt.15-10-2025 2/3 alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor but is the owner of the alleged pick-up vehicle bearing Regd. No. BR09GC 4097. Charge-sheet has been submitted in this case and the cognizance has also been taken on 02.08.2025. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 25.07.2025 without any rhymes or reason. Co-accused Sunil Kumar Singh has already been granted bail by this Court vide order dated 10.07.2025 passed in Cr. Misc. No. 43708 of 2025.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the
Patna High Court CR. MISC. No.73148 of 2025(2) dt.15-10-2025 3/3 petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tarapur P.S. Case No. 67 of 2025.
(Rudra Prakash Mishra, J) rishi/- U T