Patna High Court
Santosh Kumar Singh @ Santosh Kumar @ Santosh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding that the circumstances did not warrant continued detention.
Summary
Santosh Kumar Singh was arrested in connection with the recovery of 285.6 litres of liquor from a car, facing charges under Sections 30(a), 32(2), 41(1) and 47 of the Bihar Prohibition and Excise Act. The petitioner contended that he was neither the owner nor the driver of the vehicle, that no incriminating material was found in his possession, and that he had a clean criminal record. The State opposed the bail application, arguing that the offences were serious. The court noted the petitioner’s clean antecedent, the relatively short period of custody since 24‑08‑2025, and the lack of compliance with Section 103 of the BNSS, 2023. Considering these circumstances, the court decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act given the facts of the case and the petitioner’s clean antecedent.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91088 of 2025
Arising Out of PS. Case No.-139 Year-2025 Thana- Lakho District- Begusarai
======================================================
Santosh Kumar Singh @ Santosh Kumar @ Santosh Singh S/o Late Lukho
Singh R/o Village- Eniyar, PS- Lakho, Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Paswan, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Lakho
PS Case No. 139 of 2025 instituted for the offences under
Section/s 30(a), 32(2), 41(1) & 47 of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 285.6 liters
liquor was recovered from car.
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
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.91088 of 2025(2) dt.12-01-2026
2/2
that petitioner is neither the owner nor the driver of the car in
question. The petitioner is in custody since 24.08.2025 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 petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Lakho PS Case No.
139 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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