Patna High Court
Santosh Kumar @ Santosh Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail, holding that procedural deficiencies and lack of direct possession justified release on bail.
Summary
The petitioner, Santosh Kumar, sought regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 490 litres of illicit spirit were recovered from a location allegedly hidden by him. The petitioner argued that he was innocent, that the seizure was not made from his possession, and that the police failed to comply with Section 105 of the B.N.S.S. during the seizure. The State opposed bail, citing three prior similar offences against the petitioner. After hearing both sides, the court found the arguments on procedural lapses and lack of direct possession persuasive enough to consider bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the condition that he not commit similar offences in the future.
Issues considered
- Whether regular bail can be granted to the petitioner under the Bihar Prohibition and Excise Act, Section 30(a).
- Whether the failure to comply with Section 105 of the B.N.S.S. during seizure warrants bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- excise
- illicit spirit
- Section 30(a)
- procedural compliance
- criminal antecedent
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26879 of 2026
Arising Out of PS. Case No.-296 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
District- East Champaran
======================================================
Santosh Kumar @ Santosh Kumar Sahani, S/O Narayan Sahani @ Srinarayan
Sahani @ Shiv Narayan Choudhary, R/O Village- Ghogharaha Bairiya, P.S-
Harsidhi, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-04-2026 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 below
the earth where the petitioner has hidden the illicit spirit.
Altogether 490 liters of illicit spirit 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. Learned counsel for the
petitioner has submitted that from perusal of the case of the
prosecution, it is not clear as to from which place the recovery
Patna High Court CR. MISC. No.26879 of 2026(2) dt.23-04-2026
2/2
was made. Nothing has been recovered from the possession of this
petitioner. It has further been submitted that the witnesses of the
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 19.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that 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
Excise P.S. Case No. 296 of 2020 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 Excise
Court No.2, East Champaran, Motihari with the condition that
petitioner shall not indulge himself in similar nature of
offences in future.
(Ashok Kumar Pandey, J)
lata/-
U T
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