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Patna High CourtCR. MISC./68373/2025allowed

Santosh Kumar v. The State Of Bihar

2025-09-24Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68373 of 2025 Arising Out of PS. Case No.-120 Year-2025 Thana- Benibad District- Muzaffarpur ====================================================== Santosh Kumar S/O Raghubir Ray @ Raghuvir Ray Resident of VillageParamjivar, P.S.- Hathauri, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Kumar For the Opposite Party/s :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Benibad P.S. Case No. 120 of 2025 registered for the offence punishable under Sections 317(5) of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that altogether 172 liters of country-made foreign liquor was recovered from a tempo. Petitioner is the driver of the said tempo.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the petitioner is the driver of the said tempo and he is having no knowledge regarding the illicit

Patna High Court CR. MISC. No.68373 of 2025(2) dt.24-09-2025 2/2 liquor. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 28.07.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court No.-III, Muzaffarpur in connection with Benibad P.S. Case No. 120 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T