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Patna High Court

Santosh Kumar @ Sanichara @ Sanichar Kumar @ SanicharversusThe State of Bihar

Decided
Disposal
ALLOWED

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 84 litres of illicit country‑made liquor near a temple, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, that the seizure was made from an open place and that the police failed to comply with Section 105 of the B.N.S.S. during the seizure. He had been in judicial custody since 27 January 2026 and claimed innocence, while the State highlighted three prior similar offences against him. After hearing both sides, the court found that the procedural lapse and lack of direct evidence against the petitioner warranted bail. Accordingly, the court ordered his release on a bail bond of Rs 10,000 with two sureties, subject to a condition that he not commit similar offences in the future.

Issues considered

  • Whether the petitioner is entitled to regular bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the seizure of the liquor complied with the procedural requirements of Section 105 of the B.N.S.S.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • seizure procedure
  • criminal antecedent
  • Section 30(a)
  • Section 105

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21453 of 2026
                      Arising Out of PS. Case No.-523 Year-2025 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Santosh Kumar @ Sanichara @ Sanichar Kumar @ Sanichar, S/o
                 Sachidanand Rai @ Sachichidanand Ray, R/o Mohalla- Mitan Ghat Chauraha,
                 PS- 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.Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 30 (a) of the

                   Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short is that near a

                   temple, altogether 84 liters of illicit country made liquor was

                   recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has

                   been falsely implicated in this case. Nothing has been recovered

                   from his possession. The recovery has been made from an open

                   place. It has further been submitted that the witnesses of the
             Patna High Court CR. MISC. No.21453 of 2026(2) dt.06-04-2026
                                                         2/2




                       seizure list are police personnel. Police has not complied

                       Section 105 of the B.N.S.S. while making the seizure.

                       Petitioner is languishing in judicial custody since 27.01.2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail and has

                       submitted the petitioner is having criminal antecedent of three

                       cases of similar nature.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be released on bail in connection with

                       Khajekalan P.S. Case No. 523 of 2025 on furnishing bail bond

                       of Rs.10,000/- (ten thousand) with two sureties of the like

                       amount each to the satisfaction of learned Exclusive Special

                       Court of Excise, Patna City with the condition that petitioner

                       shall not indulge himself in similar nature of the offences in

                       future.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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