Santosh Kumar @ Santosh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75748 of 2025 Arising Out of PS. Case No.-306 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== Santosh Kumar @ Santosh Kumar Yadav Son of Jagarnathi Yadav @ Jagar Nath Yadav Resident Of Village- Bhairav Nagar, ps- Jaynagar, DistMadhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar @ Ashok Karn, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Jaynagar PS Case No. 306 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 & 317(5) of the Bharatiya Nyaya Sanhita, 2023.
3.
The prosecution case, in short, is that total 1350 liters liquor was recovered from six motorcycles. 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.75748 of 2025(2) dt.04-11-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that name of the petitioner has surfaced in this case as being liner. The petitioner is in custody since 01.10.2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jaynagar PS Case No. 306 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T