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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to bond and conditions.

Summary

Santosh Kumar was arrested after 450 litres of liquor were recovered from a car, and charged under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was merely a passer‑by, not the owner or driver, and that no incriminating material linked him to the liquor. He had been in custody since 22‑01‑2026 and had one prior criminal antecedent for which he was out on bail. The State opposed bail, while the petitioner argued lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court, considering the circumstances and the length of custody, granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular appearance in court.

Issues considered

  • Whether bail should be granted in a case involving alleged possession of liquor under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the procedural requirement of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been complied.
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • possession of liquor
  • Section 317
  • Section 30
  • Section 103
  • suspicion
  • prior antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12352 of 2026
                      Arising Out of PS. Case No.-21 Year-2026 Thana- BHUTAHI District- Sitamarhi
                 ======================================================
                 Santosh Kumar S/o Indal Malik @ Indal Mallik R/o village - Bhup Bhairo,
                 Ward no. 6 (New) @ Bhairo Bhup Ward no. 9 (old), P.S. - Sitamarhi, Dist. -
                 Sitamarhi

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Bhutahi P.S. Case No. 21 of 2026, instituted for the offences

                   punishable under Section 317(2) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 450 liters

                   liquor was recovered from car and the petitioner was arrested on

                   spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.12352 of 2026(2) dt.23-02-2026
                                            2/3




          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submitted that the petitioner is neither

          owner nor driver of the car in question rather he was a passerby

          of that way and has been arrested only on the basis of suspicion.

          The petitioner is in custody since 22.01.2026 and has got one

          criminal antecedent in which he is on bail. There is no

          compliance of Section 103 of the Bharatiya Nagarik Suraksha

          Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Bhutahi P.S. Case

          No. 21 of 2026, 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
             Patna High Court CR. MISC. No.12352 of 2026(2) dt.23-02-2026
                                                         3/3




                       fixed at the trial. In case of default in such appearance on two

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

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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