Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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