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Patna High Court

Santosh Kumar @ Shantosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

Santosh Kumar was arrested on 14‑12‑2025 after police recovered 300 litres of liquor from two motorcycles and charged him under Sections 274, 275, 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was not the owner of the motorcycles, no incriminating material was found on his person, and that his arrest was based merely on suspicion, with no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. He also highlighted his clean record and the length of his pre‑trial detention. The State opposed bail. Considering the lack of direct evidence, the petitioner’s clean antecedents, and the procedural lapse, the Court decided to grant bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted in a case involving alleged possession of liquor under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act.
  • Whether the arrest on the basis of suspicion and without compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, justifies denial of bail.

Legislation cited

Subjects

  • bail
  • liquor possession
  • prohibition law
  • criminal procedure
  • suspicion
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5981 of 2026
                     Arising Out of PS. Case No.-329 Year-2025 Thana- RAGHOPUR District- Vaishali
                 ======================================================
                 Santosh Kumar @ Shantosh Kumar S/o- Vindeshwar Rai @ Bindeshvar Ray
                 R/v- Sukumarpur, Ps-Raghopur Rustampur O.P., Dist- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravish Mishra, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Raghopur P.S. Case No. 329 of 2025, instituted for the offences

                   punishable under Sections 274, 275, 317(5) of the Bharatiya

                   Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that 300 liters

                   liquor was recovered from two motorcycles and the petitioner

                   was arrested on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from
             Patna High Court CR. MISC. No.5981 of 2026(2) dt.31-01-2026
                                                         2/2




                       the conscious possession of the petitioner. The petitioner has got

                       no concern with the alleged recovery of liquor. Learned counsel

                       for the petitioner also submitted that the petitioner is not the

                       owner of the motorcycles in question. It is further submitted that

                       the petitioner has been arrested only on the basis of suspicion.

                       The petitioner is in custody since 14.12.2025 and has got no

                       criminal antecedent. There is no compliance of Section 103 of

                       the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances

                       of the case and the period of custody undergone by the

                       petitioner, this Court is inclined to grant bail to the petitioner.

                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Raghopur P.S. Case

                       No. 329 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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