Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82929 of 2025 Arising Out of PS. Case No.-1454 Year-2025 Thana- Excise P.S. District- Muzaffarpur ====================================================== 1.

Santosh Kumar S/O Birendra Kumar Mahto Resident of Vill- Satwariya, P.S.- Sathi, Dist- West Champaran.

2.

Suraj Kumar S/O Dinesh Prasad Resident of Vill- Sathi, P.S.- Sathi, DistWest Champaran. 3.

Moti Lal Kumar S/O Laxman Sah Resident of Vill- Satwariya, P.S.- Sathi, Dist- West Champaran.

4.

Rajesh Kumar S/O Motar Mahto Resident of Vill- Satwariya, P.S.- Sathi, Dist- West Champaran.

5.

Bajranji Kumar S/O Shambhu Sah Resident of Vill- Satwariya, P.S.- Sathi, Dist- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Excise P.S. Case No. 1454 of 2025 instituted for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 853.600 litres of liquor was recovered from pick up vehicle, car and also from godown.

Patna High Court CR. MISC. No.82929 of 2025(3) dt.19-01-2026 2/2

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted that petitioners are in no manner connected with the vehicles in question or with the alleged recovery of liquor. The petitioners are in custody since 04.10.2025 and have no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 1454 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T