Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Santosh Kumar, the owner of a pickup van, was implicated in a case where 400 litres of illicit foreign liquor were seized from the vehicle, alleged to be offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no involvement, that the seizure was not made in accordance with Section 105 of the BNSS, and that nothing was recovered from his personal possession. He also highlighted his clean criminal record and that he had been in judicial custody since 30‑03‑2026. The State opposed the bail application. After hearing both sides, the Court found no sufficient ground to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge, Excise‑II, Aurangabad.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the seizure of the liquor complied with the procedural requirements of Section 105 of the BNSS.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- BNSS — s. 105
Subjects
- bail
- excise law
- illicit liquor
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31724 of 2026
Arising Out of PS. Case No.-328 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Santosh Kumar S/O Chhedi Saw R/O Village- Bikua Kalan, Ward no.- 8, P.O.
and P.S- Maigra, Distirct- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhash, Advocate.
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail registered for the
offence punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from a
bolero pick-up, altogether 400 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from the possession of the
petitioner. The petitioner is the owner of the said pickup van.
The witnesses of the seizure list are police personnel and the
Patna High Court CR. MISC. No.31724 of 2026(2) dt.14-05-2026
2/2
police has not complied with Section 105 of the BNSS while
making the seizure. He further submits that the petitioner is the
owner of the said pick-up van. Moreover, a statement has been
made in para 3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
30.03.2026.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, Excise-II, Aurangabad, Bihar in connection with
Aurangabad Excise P.S. Sadar Case No. 328 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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