Patna High Court

SANTOSH KUMARversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioners.

Summary

The petitioners, three residents of Kankati village, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 1205.640 liters of foreign liquor from open land. They claimed innocence, arguing that no incriminating material was found on them and that the liquor was recovered from a publicly accessible area. The State opposed bail, citing the petitioners' multiple criminal antecedents and non‑compliance with Section 103 of the BNSS, 2023. Considering the length of custody, lack of direct evidence, and the circumstances of the recovery, the Court decided to grant bail. The bail was set at Rs.15,000 each with two sureties, subject to conditions including family surety and regular appearance in court.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite their criminal antecedents and alleged non‑compliance with Section 103 of the BNSS, 2023.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
Section 103
BNSS 2023
criminal antecedents
foreign liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12016 of 2026
                    Arising Out of PS. Case No.-306 Year-2025 Thana- MEHSI District- East Champaran
                 ======================================================
           1.     Santosh Kumar S/o Jitan Bhagat R/o village- Kankati, PS- Mehsi, Dist- East
                  Champaran
           2.    Dharmendra Kumar @ Dharmendra Prasad S/o Chandeshwar Prasad @
                 Chandeshwar Bhagat R/o village- Kankati, PS- Mehsi, Dist- East
                 Champaran
           3.    Vivek Kumar S/o Badri Bhagat R/o village- Kankati, 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 :       Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with Mehsi

                   PS Case No. 306 of 2025 instituted for the offences under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 1205.640

                   liters foreign liquor was recovered from open land.

                           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
Patna High Court CR. MISC. No.12016 of 2026(2) dt.23-02-2026
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          the conscious possession of the petitioners. The petitioners have

          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

          15.11.2025       and     petitioner      No.1        bears,   three   criminal

          antecedents, petitioner No.2 bears five criminal antecedents and

          petitioner No.3 bears two criminal antecedents. There is no

          compliance of Section 103 of the BNSS, 2023.

                  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 Mehsi PS Case No.

          306 of 2025, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioners.

                  (II) The petitioners shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.12016 of 2026(2) dt.23-02-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioners.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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