Patna High Court
Santosh Kumar @ Rocky YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Santosh Kumar, was arrested in connection with the recovery of 800 litres of liquor from four motorcycles and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he did not own the motorcycles, had no criminal record, and was arrested merely on suspicion without any incriminating material found in his possession. The petitioner also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the lack of evidence, the petitioner’s clean record, and the period of custody already served, decided to grant bail. The Court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest and evidence.
- Whether the failure to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition act
- excise
- liquor seizure
- Section 30(a)
- Section 103
- criminal procedure
- suspicion arrest
- no prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12497 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- TANKUPPA District- Gaya
======================================================
Santosh Kumar @ Rocky Yadav Son of Sunil Prasad @ Sunil Kumar
Resident of Village-Sonarkhap, Ps- Tankuppa Dist- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
Mr. Rajnish Kumar, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Tankuppa P.S. Case No. 22 of 2026, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 800 liters
liquor was recovered from four motorcycles 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
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.12497 of 2026(2) dt.24-02-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner is not the
owner of any of the motorcycles in question. It is further
submitted that the petitioner was a passerby of that way and was
arrested only on the basis of suspicion. The petitioner is in
custody since 20.01.2026 and has got no criminal antecedent.
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 Tankuppa P.S. Case
No. 22 of 2026.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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