Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioners.
Summary
The petitioners, Santosh Kumar and Bablu Kumar, were arrested in connection with the recovery of 104.250 litres of foreign liquor from a vehicle, alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They contended that they were merely driver and passenger, unaware of the illicit liquor, and that no incriminating material was found in their possession; they also highlighted the absence of any criminal antecedent and the non‑compliance of Section 103 of the BNSS, 2023. The State opposed bail, arguing the seriousness of the offence. Considering the facts, the period of custody already served, and the petitioners’ claim of innocence, the Court was inclined to grant bail. The petitioners were released on bail upon furnishing a bond of Rs.15,000 each with two sureties of equal amount.
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 non‑compliance of Section 103 of the BNSS, 2023, warrants denial of bail.
- Whether the accused are likely to flee, tamper with evidence, or commit further offences.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 103 BNSS
- criminal procedure
- no prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3466 of 2026
Arising Out of PS. Case No.-554 Year-2025 Thana- Excise P.S. District- Begusarai
======================================================
1. Santosh Kumar S/O Dinesh Singh R/O Village- Bihat Ratan Chowk, Ward
No. 25, P.S- Barauni F.C.I., Distt.- Begusarai.
2. Bablu Kumar S/O Dasrath Paswan R/O Village- Bihat Ratan Chowk, Ward
No. 28, P.S- Barauni F.C.I., Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sarita Kumari, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with
Begusarai Excise PS Case No. 554 of 2025 instituted for the
offences under Sections 30(a) & 32(3) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 104.250 liters
foreign liquor was recovered from car.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.3466 of 2026(2) dt.19-01-2026
2/2
got no concern with the alleged recovery of liquor. It is
submitted that names of the petitioners have surfaced in this
case as being driver and passenger of the vehicle in question
and he was oblivious of the fact that illicit liquor was laden in
the vehicle. The petitioners are in custody since 23.12.2025 and
have got no criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Begusarai Excise PS
Case No. 554 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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