Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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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