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Patna High Court

SATYENDRA KUMARversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court ordered that bail be granted to the petitioners subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, Satyendra Kumar and Muntun Das, were implicated in a case under Section 317(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 6.1 litres of foreign liquor in a motorcycle owned by petitioner No.1. The co‑accused, Ramesh Das, was apprehended at the scene and identified the petitioners, but no liquor or contraband was found in their possession and they were not present at the time of seizure. The petitioners contended that the vehicle was used without their knowledge or consent and that there was no material evidence against them, emphasizing their clean criminal record and willingness to cooperate with the investigation. The State opposed the bail application. Considering the lack of direct evidence, the petitioners' clean antecedents, and the circumstances of the case, the Court granted bail subject to a bond of Rs. 10,000 with two sureties and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act in the absence of direct evidence against them.

Legislation cited

Subjects

  • bail
  • foreign liquor
  • excise
  • prohibition act
  • criminal procedure
  • section 317
  • section 30
  • section 482
  • Bihar
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 32466 of 2026

                    Arising Out of PS. Case No.-172 Year-2025 Thana- MOTIPUR District- Muzaffarpur
                 ======================================================
           1.     Satyendra Kumar S/o Bhikhari Das R/o Village- Chintamanpur, PO and PS -
                  Pipra Kothi, District- East Champaran, State Bihar.
           2.    Muntun Das @ Muntun Kumar S/o- Lacchu Das R/o- Senduari
                 Purshuttampur, PO and PS -Motipur, District- Muzaffarpur, State- Bihar.

                                                                                 ... ... Petitioners/s

                                                       Versus


                 The State of Bihar                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the petitioners/s    :       Mr. Abhigyan Kumar, Advocate
                 For the Opposite Party/s :       Mr. Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   13-05-2026                           Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                     2. The petitioners apprehend arrest in a case

                   registered under Section 317(5) of the Bharatiya Nyaya Sanhita

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

                                     3. As per the prosecution case, 6.1 litres foreign

                   liquor was recovered from the motorcycle bearing Reg. No. BR-

                   06-CF-0895 of which petitioner no.1 is registered owner. Co-

                   accused Ramesh Das apprehended on the spot who disclosed the

                   name of the petitioner no. 2.

                                   4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No. 32466 of 2026(2) dt.13-05-2026
                                             2/3




          petitioners submits that petitioners are innocent and have falsely

          been implicated in the present case. Further submission is that

          at the relevant time, the vehicle of the petitioner no.1 was taken

          by co-accused Ramesh Das, who was apprehended on the spot,

          for some work and without consent or knowledge of the

          petitioner no.1, his vehicle was being used for transportation of

          illicit liquor. Except the confessional statement of apprehended

          co-accused Ramesh Das, there is nothing material against the

          petitioner no.2. Petitioners were not present on the spot and

          nothing has been recovered from their conscious possession.

          Petitioners have got no criminal antecedent and they undertake

          to cooperate in the investigation and trial.

                       5. Learned A.P.P. for the State opposed the prayer for

          bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, submissions of learned counsel for the parties and

          fair criminal antecedent of the petitioners, let the above named

          petitioners be released on bail, in the event of arrest or surrender

          before the Court concerned within a period of six weeks from

          today, on furnishing bail bonds of Rs. 10,000 (Rupees Ten

          Thousand) each with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Judge Excise Court II,
           Patna High Court CR. MISC. No. 32466 of 2026(2) dt.13-05-2026
                                                        3/3




                     Muzaffarpur in connection with Motipur P.S. Case No. 172 of

                     2025, subject to the conditions as laid down under Section

                     482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Sunil Dutta Mishra, J)
utkarsh/-koustav
U       T


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