Patna High Court

Santosh KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioners.

Summary

The petitioners, five individuals from West Champaran, were arrested in connection with an excise case alleging the seizure of 853.6 litres of liquor and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, that no incriminating article was found in their possession, and that they had no link to the vehicles or the liquor recovered. They also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of direct evidence, the petitioners' clean record, and the period of custody already served, the Court decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether the petitioners are entitled to bail despite the alleged seizure of liquor.
Whether the prosecution complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether the petitioners' alleged lack of possession and connection to the seized liquor warrants bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
liquor seizure
false implication
Section 103
Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82929 of 2025
                    Arising Out of PS. Case No.-1454 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
           1.     Santosh Kumar S/O Birendra Kumar Mahto Resident of Vill- Satwariya,
                  P.S.- Sathi, Dist- West Champaran.
           2.    Suraj Kumar S/O Dinesh Prasad Resident of Vill- Sathi, P.S.- Sathi, Dist-
                 West Champaran.
           3.    Moti Lal Kumar S/O Laxman Sah Resident of Vill- Satwariya, P.S.- Sathi,
                 Dist- West Champaran.
           4.    Rajesh Kumar S/O Motar Mahto Resident of Vill- Satwariya, P.S.- Sathi,
                 Dist- West Champaran.
           5.    Bajranji Kumar S/O Shambhu Sah Resident of Vill- Satwariya, P.S.- Sathi,
                 Dist- West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :         Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   19-01-2026                 Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners seek bail in connection with Excise

                   P.S. Case No. 1454 of 2025 instituted for the offences

                   punishable under Sections 30(a), 32(3) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 853.600

                   litres of liquor was recovered from pick up vehicle, car and also

                   from godown.
           Patna High Court CR. MISC. No.82929 of 2025(3) dt.19-01-2026
                                                       2/2




                                4. Learned counsel for the petitioners submitted that

                     the petitioners have falsely been implicated in the present case.

                     No incriminating article has been recovered from the conscious

                     possession of the petitioners. Learned counsel further submitted

                     that petitioners are in no manner connected with the vehicles in

                     question or with the alleged recovery of liquor. The petitioners

                     are in custody since 04.10.2025 and have no criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarika Suraksha Sanhita, 2023.

                                5. Learned APP 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 as also 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/- ( Rupees Fifteen Thousand) each

                     with two sureties of the like amount each to the satisfaction of

                     Court below/concerned Court in connection with Excise P.S.

                     Case No. 1454 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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