Patna High CourtCR. MISC./81779/2025bail granted

Santosh Singh @ Himanshu Kumar v. The State Of Bihar

2025-12-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81779 of 2025 Arising Out of PS. Case No.-162 Year-2019 Thana- DUMRA District- Sitamarhi ====================================================== Santosh Singh @ Himanshu Kumar S/O Yogi Mahto @ Jogi Singh R/O Vill - Lagma, P.S.- Dumra, Dist.- Sitamarhi, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dumra P.S. Case No. 162 of 2019, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 334.8 liters liquor was recovered from Tata Safari vehicle.

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 no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner was not present

Patna High Court CR. MISC. No.81779 of 2025(2) dt.01-12-2025 2/2 at the place of occurrence. Name of the petitioner has transpired in this case on the basis of disclosure made by local people. It is further submitted that the petitioner is neither owner nor driver of that vehicle in question. The petitioner is in custody since 26.09.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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 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/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dumra P.S. Case No. 162 of 2019.

(Rudra Prakash Mishra, J) Rajorshi/- U T