Patna High Court
Santosh Kumar @ Sanichara @ Sanichar Kumar @ SanicharversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S.S. — s. 105
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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