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
- Bihar Prohibition and Excise Act — s. 30(a)
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
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