Santosh Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91049 of 2025 Arising Out of PS. Case No.-314 Year-2025 Thana- GOVINDPUR District- Nawada ====================================================== 1.

Santosh Rajvanshi Son of Mewalal Rajvanshi Resident of village - Kamalpur, P.S.- Govindpur, District - Nawada. 2.

Sintu Rajwanshi Son of Madan Rajwanshi Resident of village - Kamalpur, P.S.- Govindpur, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, 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 Govindpur PS Case No. 314 of 2025 instituted for the offences under Sections 30(a), 30(d) & 41 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 840 liters country made liquor was recovered from jungle. 4.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.91049 of 2025(2) dt.19-01-2026 2/3 got no concern with the alleged recovery of liquor. It is submitted that recovery is from an open place, which is accessible to one and all. The petitioners are in custody since 06.12.2025 and have got two criminal antecedent/s each. There is no compliance of Section 103 of the BNSS, 2023. Other coaccused has been granted bail by this Court vide order dated 04.12.2025, passed in Cr. Misc. No. 84563 of 2025. 5.

Learned A.P.P. 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/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Govindpur PS Case No. 314 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.91049 of 2025(2) dt.19-01-2026 3/3 bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T