Patna High Court

CR. MISC./50356/2026 of Santosh Kumar Vs The State of Bihar on 17 July 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50356 of 2026 Arising Out of PS. Case No.-161 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== Santosh Kumar son of Rajendra Mahto Resident of village - Vishanpur, Bakhari, Ps- Sakra,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50356 of 2026

Arising Out of PS. Case No.-161 Year-2022 Thana- MUSRIGHRARI District- Samastipur ======================================================

Santosh Kumar son of Rajendra Mahto Resident of village - Vishanpur, Bakhari, Ps- Sakra, Dist- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. Anish Kumar

For the Opposite Party/s :

Mr. Manoj Kumar

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

17-07-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 467, 468, 471, 420, 34 of the I.P.C. and Sections 30(a), 32, 36, 41 of Bihar Prohibition and Excise Amendment Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of five cases under the Excise Act and is in custody since 22.06.2026 and allegation is of recovery of 2681.640 litres of liquor from a truck.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no Patna High Court CR. MISC. No.50356 of 2026(2) dt.17-07-2026

prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that the petitioner was completely unaware that Raja would misuse his vehicle in the manner as alleged, who was also apprehended from the spot.

5. Learned A.P.P. opposes the prayer for bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mushrigharari P.S. Case No.161 of 2022.

amit/- (Satyavrat Verma, J) U T

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