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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to all petitioners subject to bond and conditions under Section 480(3) of the B.N.S.S.

Summary

The petitioners were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 792 litres of illicit Nepali liquor from two motorcycles and a Scorpio vehicle. The petitioners claim they were apprehended solely on suspicion, with no incriminating evidence found on them or their possessions, and assert innocence. Their counsel highlighted that two petitioners have clean antecedents and the third has a single prior case for which he is already on bail, and noted that they have been in custody since 12‑12‑2025 with a chargesheet already filed. The State opposed the bail application, arguing the seriousness of the offence. Considering the facts, the period of custody, and the chargesheet, the court directed that bail be granted upon furnishing a bond of Rs.10,000 with two sureties each, subject to conditions under Section 480(3) of the B.N.S.S. and other stipulated terms.

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 mere suspicion and recovery of liquor from vehicles not directly linked to the petitioners justifies continued detention.
  • Application of Section 480(3) of the B.N.S.S. in imposing conditions on bail.

Legislation cited

Subjects

  • bail
  • prohibition act
  • illicit liquor
  • suspicion
  • criminal antecedent
  • Section 30(a)
  • Section 480(3)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15105 of 2026
                     Arising Out of PS. Case No.-212 Year-2025 Thana- SAHIYARA District- Sitamarhi
                 ======================================================
           1.     Santosh Kumar S/O Kishori Rai R/O Village- Girmisani, P.S- Punaura,
                  Dist.- Sitamarhi.
           2.    Bhushan Kumar S/O Subodh Rai R/O Village- Harnahiya, P.S- Sahiyara,
                 Distt.- Sitamarhi.
           3.     Pintu Kumar S/O Madeh Rai R/O Village- Girmisani, P.S- Punaura, Dist.-
                  Sitamarhi.
                                                                          ... ... Petitioners
                                               Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   17-04-2026                     Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                   2. In the present case, the petitioners seek bail in

                   connection with Sahiyara P.S. Case No. 212 of 2025, dated

                   11.12.2025, registered for the offence punishable under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                   3. As per the prosecution case, four persons riding

                   two motorcycles were found moving in suspicious manner,

                   keeping two sacs in between them. They were signaled to stop and

                   as they tried to run away, they were apprehended after a chase.

                   During this incident, a Scorpio vehicle was also signaled to stop,

                   but the occupants of the vehicle tried to escape on seeing the

                   police party. The said vehicle was also intercepted and its driver
Patna High Court CR. MISC. No.15105 of 2026(3) dt.17-04-2026
                                            2/3




          was apprehended. Petitioner nos. 1 and 3 were apprehended from

          the motorcycles while petitioner no. 2 was appreheded from the

          Scorpio in question. From search of the sacs loaded on the

          motorcycles, recovery of 72 litres each of Nepali liquor was made,

          and from the search of Scorpio vehicle, recovery of 648 litres of

          country made Nepali liquor was made, hence altogether 792 litres

          of illicit Nepali liquor was recovered.

                          4. Learned counsel appearing on behalf of the

          petitioners submits that petitioners are innocent and they have

          falsely been implicated in the present case. Nothing incriminating

          has been recovered from person or possession of the petitioners.

          Petitioners have no concern either with the seized vehicles or with

          the alleged recovery and they have been apprehended merely on

          the basis of suspicion. Learned counsel next submits that petitioner

          nos. 2 and 3 have clean antecedent while petitioner no. 1 has got

          one criminal antecedent in which he is on bail. Learned counsel

          lastly submits that petitioners are in custody since 12.12.2025 and

          chargesheet has been submitted.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioners.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          submission of chargesheet and period of custody of the petitioners,
          Patna High Court CR. MISC. No.15105 of 2026(3) dt.17-04-2026
                                                      3/3




                    the petitioners, above-named, are directed to be released on bail,

                    on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

                    Only) each with two sureties of the like amount each to the

                    satisfaction of learned Exclusive Special Excise Judge-I, Sitamarhi

                    / concerned Court, in connection with Sahiyara P.S. Case No. 212

                    of 2025, subject to the condition laid down under Section 480(3)

                    of the B.N.S.S. and other following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioners.

                                    (ii) The petitioners will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates or

                    in violation of the terms of the bail, the bail bond of the petitioners

                    will be liable to be cancelled by the Court concerned.



                                                        (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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