Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2222 of 2026 Arising Out of PS. Case No.-305 Year-2025 Thana- MEHSI District- East Champaran ====================================================== 1.

Santosh kumar son of Jitan Bhagat Resident of village- Kankati, Ps- Mehsi, Dist- East Champaran 2.

Dharmendra Kumar @ Dharmendra Prasad son of Chandeshwar Prasad Resident of village- Kankati, Ps- Mehsi, Dist- East Champaran 3.

Vivek Kumar son of Badrinath Bhagat @ Badri Bhagat Resident of villageKankati, Ps- Mehsi, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Mehsi P.S. Case No. 305 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 558.360 litres of liquor has been recovered from a hut.

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 rather the recovery has been made

Patna High Court CR. MISC. No.2222 of 2026(3) dt.09-02-2026 2/2 from a hut situated in an open place which is accessible to public at large. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 16.10.2025. Petitioner no. 1 has two criminal antecedents, petitioner no. 2 has four criminal antecedents and petitioner no. 3 has one 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 and 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 Mehsi P.S. Case No. 305 of 2025.

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