Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding that the circumstances did not justify continued detention.
Summary
The petitioner, Santosh Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 96 litres of liquor were recovered from a public platform. He claimed innocence, stating that no incriminating material was found in his possession and that the recovered liquor was located in an open area accessible to the public. The petitioner had no prior criminal record and had been in custody since 23 November 2025. The State opposed bail, but the court noted the lack of material evidence, the petitioner’s clean record, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, the court granted bail on a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- no prior record
- public place
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3120 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- KIUL RAIL P.S. District- Lakhisarai
======================================================
Santosh Kumar S/o- Anil Ray Resident of Village- Naya Tola Raghopur, P.S.
Bakhtiyarpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Kant, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, A.P.P.
======================================================
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 Rail
Kiul P.S. Case No. 181 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 96 liters
liquor was recovered at eastern side of the platform from a bag.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.3120 of 2026(2) dt.19-01-2026
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made from platform, which is an open place and is accessible to
public at large. The petitioner is in custody since 23.11.2025 and
has got no criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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, 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 Rail Kiul P.S. Case
No. 181 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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