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Patna High Court

Santosh @ Sanichar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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