Patna High Court
Santu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner subject to a bond of Rs.15,000, two sureties, and conditions of family surety and regular appearance.
Summary
Santu Kumar was arrested for possession of 120 litres of liquor, alleged to violate Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He had previously been granted bail, which was cancelled multiple times, and was declared an absconder before being re‑arrested on 27‑11‑2025. The petitioner pleaded innocence and sought bail, offering to comply with any conditions imposed by the court. The State opposed the bail on the ground of his prior bail cancellations and absconding. Considering the length of his custody, his undertaking, and the need to ensure his presence at trial, the court decided to grant bail on a bond of Rs.15,000 with two sureties and specific conditions regarding family surety and appearance. The bail order was conditioned on cancellation if the petitioner defaults on two consecutive court dates.
Issues considered
- Whether bail can be granted to a petitioner who has previously had bail cancelled and was declared an absconder
- Whether the conditions imposed by the court are sufficient to ensure the petitioner's attendance at trial
Subjects
- bail
- prohibition law
- liquor possession
- absconding
- sureties
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2731 of 2026
Arising Out of PS. Case No.-155 Year-2020 Thana- DHARHARA District- Munger
======================================================
Santu Kumar S/o Vasudev Yadav @ Basu Yadav R/o Village - Farda, P.S -
Safiyabad (Naya Ramnagar), District - Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Prasad, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Dharhara P.S. Case No. 155 of 2020, instituted for the offences
punishable under Sections 30(a) and 32 of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 120 liters
liquor was recovered from tempo and the petitioner was arrested
on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The present case is misuse of privilege of bail
earlier granted to the petitioner on 03.12.2020 by the learned
Court below. It is submitted that due to lack of pairvi the bail
Patna High Court CR. MISC. No.2731 of 2026(2) dt.19-01-2026
2/3
bond of the petitioner has been cancelled by the learned Court
below on 20.09.2022. Again the petitioner was granted bail on
13.12.2022 but he was not physically present in the Court and as
such, his bail bond has been cancelled on 27.09.2023. Later on,
after due process the petitioner has been declared as absconder
on 13.11.2025 and was arrested by the police on 27.11.2025.
Learned counsel for the petitioner further submitted that the
petitioner undertakes to abide by any conditions imposed by this
Court, if released on bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner as also the undertaking given by the petitioner, this
Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dharhara P.S. Case
No. 155 of 2020, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.2731 of 2026(2) dt.19-01-2026
3/3
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.