Patna High Court
CR. MISC./43974/2026 of Satish Kumar Vs The State of Bihar on 8 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43974 of 2026 Arising Out of PS. Case No.-980 Year-2025 Thana- JAKKANPUR District- Patna ====================================================== 1. Satish Kumar S/O Madan Prasad Rastogi Resident of Mashrak, P.S.- Mushrak, District- Saran. 2.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43974 of 2026
Arising Out of PS. Case No.-980 Year-2025 Thana- JAKKANPUR District- Patna ======================================================
1.
Satish Kumar S/O Madan Prasad Rastogi Resident of Mashrak, P.S.- Mushrak, District- Saran.
2.
Manish Kumar Rastogi S/O Madan Prasad Rastogi Resident of Mashrak, P.S.- Mushrak, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Smita Shreeyash, Advocate
For the Opposite Party/s :
Mr. Suman Kumari Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
08-07-2026 Heard learned Advocate for the petitioners and learned Advocate for the State.
2. The petitioners are apprehending their arrest in connection with Jakkanpur P.S. Case No. 980/2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. The police acting on a tip off regarding the storage and sale of illicit wine conducted a raid in the house of one Uday Kumar and in course of search, recovered 669.33 liters of Indian made foreign liquor besides cash of Rs. 17,61,000/- from a box. In course of such, the police also seized two scooties which were parked in front of the house of the accused Uday Kumar.
Patna High Court CR. MISC. No.43974 of 2026(2) dt.08-07-2026
4. Learned Advocate for the petitioners submitted that the names of the petitioners are implicated in this case on account of they being owner of the seized scooty. There is no recovery from the conscious or constructive possession of the petitioners. Only on account of the fact that the co-accused Uday Kumar disclosed to the police that these vehicles are being used for the purpose of trafficking the illicit wine, the name of the peititoner has been implicated in this case. Even if the allegations are taken to be true for the sake of argument, it does not attract the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act. The petitioner no. 1 carries fair antecedent whereas petitioner no. 2 bears one criminal antecedent of identical nature. There is no compliance of Sections 103 and 105 of the B.N.S.S. is the contention of the learned Advocate for the petitioner.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the petitioners are none else but the brothers of co-accused Uday Kumar from whose possession a huge amount of the illicit wine along with the ill-gotten money was recovered and as such the complicity of the petitioners cannot be ruled out.
6. Having considered the submissions advanced on Patna High Court CR. MISC. No.43974 of 2026(2) dt.08-07-2026
behalf of the respective parties and taking note of the fact that the petitioner’s name were implicated only on account of the fact that they are owner of the vehicle in question which are allegedly said to have been used for the purposes of trafficking of illicit wine besides lack of cogent materials attracting the rigors provided under Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act as also the defiance of Sections 103 and 105 of the B.N.S.S., let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna in connection with Jakkanpur P.S. Case No. 980/2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners.
siddharth/- (Harish Kumar, J) U T