Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Santosh Kumar was arrested in January 2026 for alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act after 80 litres of country‑made liquor were seized from his motorcycle. The petitioner contended that he had no conscious possession of the liquor, that the seizure was made from the vehicle and not from him, and that the police had failed to comply with Sections 103 and 105 of the BNSS, rendering the charge sheet defective. The prosecution opposed bail, citing two prior criminal antecedents, but also noted that the petitioner was already on bail in the same matter. The High Court, after considering the arguments, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, physical presence, non‑tampering with evidence, and verification of criminal antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused in a special excise case where the alleged seizure was from a vehicle and not from the accused’s person
- Whether non‑compliance with Sections 103 and 105 of the BNSS vitiates the charge sheet and warrants bail
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise law
- illegal liquor
- possession
- procedural compliance
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25357 of 2026
Arising Out of PS. Case No.-97 Year-2026 Thana- EXCISE DANAPUR District- Patna
======================================================
Santosh Kumar S/O Anil Kumar @ Anil Rai R/O Vill.- Purani Panapur, P.S-
Akilpur, Dist- Patna Bihar
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Kant Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 18-04-2026 Heard Mr. Ravi Kant Kumar, learned counsel for the
petitioner and Mr. Ajay Kumar No. 2, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.01.2026 in connection with Special Excise Case No.
164/2026 arising out of Excise Danapur P.S. Case No. 97/2026
dated 23.01/2026 for the offences punishable under Section
30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. Recovery is of 80 liters of country made liquor from
the motorcycle.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.25357 of 2026(2) dt.18-04-2026
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conscious possession of the petitioner rather the recovery has
been made from motorcycle in question and the petitioner has
been made accused merely on the basis suspicion. The seizure
list witnesses are police personnel and there is non-compliance
of Sections 103 and 105 of the BNSS. He further submits that
the police after investigation submitted the charge sheet against
the petitioner. The petitioner is in custody since 21.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries two criminal antecedents but
fairly submits on the basis of paragraph-3 of the bail application
that the petitioner is on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Special
Judge Excise Court at Danapur, Patna in connection with
Special Excise Case No. 164/2026 (arising out of Excise
Danapur P.S. Case No. 97/2026 dated 23.01/2026) , subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.25357 of 2026(2) dt.18-04-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
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