Patna High Court

Santosh KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to both petitioners subject to monetary bond and conditions of appearance.

Summary

The petitioners, Santosh Kumar and Prince Kumar, were arrested in connection with an Excise case (No. 464 of 2025) for alleged possession of 270 litres of Nepali liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. They claimed they were merely the driver and passenger of the vehicle and had no knowledge of the illicit liquor, asserting innocence and lack of any incriminating material in their possession. The prosecution opposed bail, while the petitioners highlighted the absence of compliance with Section 103 of the BNSS, 2023 and their clean criminal record. The Court, after considering the facts, the period of custody since 28‑11‑2025, and the lack of direct evidence against them, decided to grant bail. Both petitioners were ordered to be released on bail upon furnishing bonds of Rs.15,000 each with two sureties, subject to conditions of family surety and regular appearance in court.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the present circumstances.
Whether the prosecution has complied with the procedural requirements of Section 103 of the BNSS, 2023.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
excise offence
illegal liquor
Bihar Prohibition and Excise Act
Section 30(a)
Section 103 BNSS
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90968 of 2025
                     Arising Out of PS. Case No.-464 Year-2025 Thana- Excise P.S. District- Madhubani
                 ======================================================
           1.     Santosh Kumar S/o- Late Ganeshi Yadav R/o- Baghdha PS-Kewti Chowk
                  Kamtaul Distt- Darbhanga
           2.    Prince Kumar S/o- Vishundev Singh R/v- Bhaiapatti Koriyani, W.No-5, Ps-
                 Basopatti Dist- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Saroj Kumar Choudhary, Advocate
                 For the Opposite Party/s :        Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with Excise

                   PS Sadar Case No. 464 of 2025 instituted for the offences under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 270 liters

                   Nepali liquor was recovered from tempo.

                           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

                   got no concern with the alleged recovery of liquor.                            It is
Patna High Court CR. MISC. No.90968 of 2025(2) dt.12-01-2026
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          submitted that names of the petitioners have surfaced in this

          case as being driver and passenger of the vehicle in question and

          they were oblivious of the fact that illicit liquor was laden in the

          vehicle. The petitioners are in custody since 28.11.2025 and has

          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 petitioner No.1, namely, Santosh Kumar be

          released on bail, after framing of charge, if not already

          framed, and petitioner No.2, namely, Prince Kumar 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 Excise PS

          Sadar Case No. 464 of 2025, subject to the following

          conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioners.

                  (II) The petitioners shall appear on each and every date
           Patna High Court CR. MISC. No.90968 of 2025(2) dt.12-01-2026
                                                       3/3




                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioners.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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