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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners with a bond of Rs.10,000 and two sureties, subject to specified conditions.

Summary

Petitioners Santosh Kumar and Suman Kumar were arrested on 27 March 2026 in connection with a case involving the alleged possession of 200 litres of country-made liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. They applied for bail, claiming innocence and arguing that the seized liquor was found in a sack on a motorcycle, not in their conscious possession, and that the seizure was conducted by police witnesses, violating Sections 103 and 105 of the BNSS. The prosecution opposed bail, noting that petitioner No.1 had a prior criminal case for which he was already on bail, while petitioner No.2 had a clean record. The court examined the facts, the procedural compliance, and the antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Exclusive Special Excise Court, Nawada.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether the seizure of liquor complied with Sections 103 and 105 of the BNSS.
  • Whether the presence of a prior criminal antecedent affects the grant of bail.

Legislation cited

  • BNSS — s. 103, 105

Subjects

  • bail
  • prohibition law
  • excise
  • seizure
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27208 of 2026
                    Arising Out of PS. Case No.-53 Year-2026 Thana- PARANDABAR District- Nawada
                 ======================================================
           1.     Santosh Kumar S/o- Ramdev Prasad @ Ramdev Yadav R/v- Jirwatari Ps-
                  Parnadabar Dist- Nawada
           2.    Suman Kumar @ Shubham Kumar S/o- Dwarika Yadav R/v- Sabar Chak Ps-
                 Mohanpur Dist- Gaya

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sheo Nandan Prasad, Advocate
                 For the Opposite Party/s :      Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                        Heard Mr. Sheo Nandan Prasad, learned counsel

                   for the petitioners and Mr. Rana Randhir Singh, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioners seeks bail who are in custody since

                   27.03.2026 in connection with Parnadabar P.S. Case No.53 of

                   2026, F.I.R. dated 26.03.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 200 liters of country made liquor.

                               4. Learned counsel for the petitioners submits that

                   petitioners are innocent and they have 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
Patna High Court CR. MISC. No.27208 of 2026(2) dt.22-04-2026
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          from the conscious possession of the petitioners rather the

          recovery has been made from a sack on the motorcycle in

          question. He further submits that seizure list witnesses are

          police personnel so there is non-compliance of Section 103 and

          105 of BNSS and the petitioners are in custody since

          27.03.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners and

          submits that petitioner no.1 carries one criminal antecedent in

          which he is on bail and petitioner no.2 has clean antecedent.

                      6. Considering the aforesaid facts and circumstances,

          let the petitioners, 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

          Exclusive Special Excise Court 1, Nawada in connection with

          Parnadabar P.S. Case No.53 of 2026, subject to the following

          conditions:-

                      i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.
            Patna High Court CR. MISC. No.27208 of 2026(2) dt.22-04-2026
                                                        3/3




                                  ii. If the petitioners tamper 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 petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. 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)
Suruchi/-

U      T


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