Santosh Kumar v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89306 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- Bhopatpur District- East Champaran ====================================================== Santosh Kumar S/o- Mahendra Prasad R/v- Puranidih Ps- Bhopatpur DistEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-12-2025 Heard learned counsel for the parties.
2. Petitioner is seeking bail in connection with Bhopatpur P.S. Case No. 90 of 2025 registered for the offences under Sections 30(a), 32 and 41(1) of Bihar Prohibition and Excise Amendment Act.
3. As per FIR, 200 liters of country made liquor is said to have been recovered from the Bolero Vehicle.
4. Learned counsel for the petitioner submits that the Bolero Jeep, bearing Registration No. BR05P2914, fromwhere the recovery of country made liquor is said to have been made, does not belong to the petitioner and the petitioner, being the driver, has no knowledge with the seized articles kept in bag. It is next submitted that the petitioner has three criminal antecedents, in which, in all the cases, he is on bail, which is
Patna High Court CR. MISC. No.89306 of 2025(2) dt.24-12-2025 2/2 mentioned in the regular bail application. Lastly, it is submitted that petitioner has been in judicial custody since 28.08.2025.
5. Learned counsel for the petitioner, on instructions, and without accepting his guilt, proposes to deposit a sum of Rs. 5,000/- (Rupees Five Thousand only) in the welfare account of the Advocates' Association of the Patna High Court.
6. Learned APP for the State vehemently opposed the prayer for bail.
7. Regard being had to the submission made by the parties and taking into consideration the period of custody of the petitioner, this Court is inclined to grant regular bail to the petitioner.
7. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Motihar, East Champaran in connection with Bhopatpur P.S. Case No. 90 of 2025.
(Ajit Kumar, J) shailendra/- U T