Patna High Court
Santosh @ Sanichar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioners, subject to monetary surety and strict conditions.
Summary
The petitioners, Santosh and Nirdosh Kumar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 462 litres of country‑made liquor behind a temple. They contended that they were falsely implicated, that no incriminating material was found in their possession, and that the recovery took place in a public area based on secret information. The State opposed bail, while the petitioners highlighted the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and their custody since 29‑12‑2025. The Court, after considering the facts, the length of custody, and the petitioners’ criminal antecedents, decided to grant bail subject to monetary and personal surety and specific conditions. The bail order required the petitioners to appear regularly, refrain from tampering with evidence or influencing witnesses, and allowed the trial court to cancel bail on violation.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
- Whether the circumstances of the alleged recovery and the petitioners’ antecedents justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- criminal procedure
- court order
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14036 of 2026
Arising Out of PS. Case No.-565 Year-2025 Thana- KHAJEKALA District- Patna
======================================================
1. Santosh @ Sanichar Kumar S/O Sachidanand Rai @ Sachchidanand Ray
R/O Mohalla - Mitan Ghat Chauraha, P.S- Khajekala, Dist- Patna.
2. Nirdosh Kumar S/O Sachidanand Rai @ Sachchidanand Ray R/O Mohalla -
Mitan Ghat Chauraha, P.S- Khajekala, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar, Advocate
For the Opposite Party/s : Mr.Arun Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Khajekalan P.S. Case No. 565 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 462
liters of country made liquor was recovered behind the temple.
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.14036 of 2026(2) dt.26-02-2026
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got no concern with the alleged recovery of liquor. The name of
the petitioenrs trasnpired on secret information. Learned counsel
for the petitioner further submitted that the recovery has been
made from open place, which is accessible to public at large.
The petitioners are in custody since 29.12.2025. Petitioner no.1
has three criminal antecedents, whereas petitioner No.2 has six
criminal antecedents. 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 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 after
framing of charge, if not already framed on furnishing bail
bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Khajekalan P.S. Case
No. 565 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioners’ own or
close member.
(II) The petitioners shall appear on each and every
Patna High Court CR. MISC. No.14036 of 2026(2) dt.26-02-2026
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date fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioners shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioners.
(Rudra Prakash Mishra, J)
manish/-
U T
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