Created by Fuzzy Cloud

Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court granted bail, holding that the recovery of liquor not being from the petitioner's conscious possession warranted release on bond.

Summary

Santosh Kumar was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly keeping 438.060 litres of Indian-made liquor in a straw house he owned. The liquor was recovered from the premises but not from the petitioner’s conscious possession. The petitioner, who had been in custody since 15 April 2026, applied for bail, arguing the lack of direct possession. The State opposed the bail, citing the seriousness of the offence. The Court noted that the recovery was not from the petitioner’s conscious possession and, considering the custody period, decided to grant bail. He was released on a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the Special Judge Excise, Court No.II, Muzaffarpur.

Issues considered

  • Whether bail should be granted when the alleged contraband is not recovered from the accused's conscious possession.
  • Whether the nature of the offence under Section 30(a) of the Bihar Prohibition and Excise Act and the period of custody justify denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition
  • excise
  • possession
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • Section 30(a)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34295 of 2026
                  Arising out of PS. Case No.-227 Year-2024 Thana- RAMPUR HARI District- Muzaffarpur
                 ======================================================
                 Santosh Kumar S/o Rampadarath Rai R/o Village - Sahpur, P.S- Rampurhari,
                 Distt.- Mazaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Adv.
                 For the Opposite Party/s :       Mrs. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   20-05-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                              2. The petitioner seeks bail in Rampur Hari P.S. Case

                   No. 227 of 2024 registered for offence under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                               3. The allegation is that 438.060 litres Indian made

                   liquor was kept in the straw house was recovered and petitioner

                   is the owner of the aforesaid house.

                                 4. Learned counsel for the petitioner submits that

                   nothing incriminating articles were recovered from the

                   conscious possession of the petitioner. He further submits that

                   the petitioner is in custody since 15.04.2026.

                               5. Learned Additional Public Prosecutor for the State

                   has vehemently opposed the prayer for bail of the petitioner.
                Patna High Court CR. MISC. No.34295 of 2026(2) dt.20-05-2026
                                            2/2




                     6. Considering that the alleged recovery was not

           recovered from the conscious possession of the petitioner and

           the petitioner is in custody since 15.04.2026, this Court is

           inclined to grant bail to the petitioner.

                     7. Let the petitioner, above named, be released

           on bail on furnishing bail bonds of Rs. 10,000/- (Ten

           thousand) with two sureties of the like amount each to

           the satisfaction of the learned Special Judge Excise,

           Court No.II, Muzaffarpur in connection with Rampur

           Hari P.S. Case No. 227 of 2024.

                      8. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of            adjudication of             the    present   bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.




                                           (Ansul, J)
Vikash/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.