Santosh Ray @ Santosh Kumar Roy Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Santosh Ray @ Santosh Kumar Roy Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below, in connection with Excise Sadar PS Case No. 665 of 2024.

Issue for consideration

Whether the petitioner, arraigned in Excise Sadar PS Case No. 665 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Act following recovery of 540 litres of foreign liquor, should be released on bail.

Court's answer

Considering the facts and circumstances of the case, the petitioner's clean antecedent and the period of custody undergone, this Court was inclined to grant bail to the petitioner.

Ratio / Principle

The petitioner was directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Excise Sadar PS Case No. 665 of 2024.

Detailed headnote1 paragraphs

BAIL GRANTED. Patna High Court (Rudra Prakash Mishra, J.), oral order dated 14-02-2025 in CRIMINAL MISCELLANEOUS No.9303 of 2025, arising out of Excise Sadar PS Case No. 665 of 2024, Thana Excise P.S., District Bhagalpur, instituted for offences under Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case: total 540 litres of foreign liquor recovered from a Bolero Pick-up vehicle (Regn. No. BR11GC-6787). Counsel for the petitioner submitted that the petitioner was innocent and falsely implicated, that no incriminating material was recovered from his conscious possession, that he was the co-driver of the seized vehicle with no knowledge of the goods booked by the transporter, that he was in custody since 29.08.2024, had no criminal antecedent, that there was no compliance of Section 103 of B.N.S.S., and that a co-accused had already been granted bail vide this Court's order dated 17.01.2025 in Cr. Misc. No. 85966 of 2024; the APP opposed the prayer. Considering the facts and circumstances, the petitioner's clean antecedent and the custody period, the Court held itself inclined to grant bail and ordered release on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9303 of 2025

Arising Out of PS. Case No.-665 Year-2024 Thana- Excise P.S. District- Bhagalpur

======================================================

Santosh Ray @ Santosh Kumar Roy S/o Jogendra Roy R/o Vill- Harsinghpur, Batatgama, P.S.- Saranjan, District- Samastipur

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

... ... Opposite Party/s

ORAL ORDER

2 14-02-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Excise Sadar PS Case No. 665 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that total 540 litres of foreign liquor was recovered from Bolero Pick-up vehicle bearing Registration No. BR11GC-6787.

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 that the petitioner is the co-driver of the seized vehicle and he

Patna High Court CR. MISC. No.9303 of 2025(2) dt.14-02-2025 2/2

has no knowledge regarding the nature of goods booked by the transporter. The petitioner is in custody since 29.08.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted bail passed by this Court vide order dated 17.01.2025 in Cr. Misc. No. 85966 of 2024.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Sadar PS Case No. 665 of 2024.

(Rudra Prakash Mishra, J)

Raj Ranjan/- U T