Patna High Court
Santosh PatelversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail is granted to the petitioner subject to a bond and conditions.
Summary
The petitioner, Santosh Patel, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition & Excise Act for the alleged seizure of 135 litres of spirit from his bike. He contended that he was falsely implicated, that no contraband was found in his possession, and that the police failed to comply with Section 105 of the BNSS while making the seizure. The State opposed bail, citing three prior similar offences against the petitioner. After hearing both sides, the Court considered the procedural lapse and the petitioner’s claim of innocence, and decided to grant bail subject to a bond of Rs.10,000 with two sureties and a condition that he not commit similar offences in the future. The bail order was directed to be executed before the Special Judge, Excise‑II, Aurangabad.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition & Excise Act considering alleged procedural irregularities in the seizure.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- excise law
- prohibition act
- seizure procedure
- criminal antecedent
- Section 30(a)
- Section 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24974 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- NARALI KALA KHURD District-
Aurangabad
======================================================
Santosh Patel S/o Jitendra Singh R/o Village- Amba, Meh, P.S- Narari Kala
Khurd, Dist- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Rupa Kumari, Advocate.
For the Opposite Party/s : Mr.Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Narari Kala Khurd P.S. Case No. 33 of 2026 registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition & Excise Act.
3. The case of the prosecution, in short, is that from a
bike, altogether 135 liters of spirit was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from the possession of the
petitioner. The witnesses of the seizure list are police personnel
and the police has not complied with Section 105 of the BNSS
Patna High Court CR. MISC. No.24974 of 2026(3) dt.12-05-2026
2/2
while making the seizure. He further submits that the petitioner
is the owner of the said bike and from perusal of the seizure list,
it will transpire that the seizure has been made from one
Ramesh Sharma and the petitioner. Moreover, the petitioner is
languishing in judicial custody since 13.02.2026.
5. The application for bail is opposed by learned APP
for the State and submits that 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 with the condition
that the petitioner shall not indulge himself in similar nature
of offences in future. The above named petitioner is directed to
be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.
ten thousand only) with two sureties of the like amount each to
the satisfaction of the learned Special Judge, Excise-II,
Aurangabad, Bihar in connection with Narari Kala Khurd P.S.
Case No. 33 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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