Patna High Court
Santosh Kumar @ Shantosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 317(5)
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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