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Patna High Court

Santosh SinghversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Anticipatory bail was granted to Sanjay Chaudhary but denied to Santosh Singh.

Summary

The petitioners, Santosh Singh and Sanjay Chaudhary, sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 for allegedly possessing 20 litres of illicit Mahua liquor recovered from an open field. They contended that they had no possession of the liquor and were implicated solely on the basis of a village chowkidar’s information, asserting innocence. The State opposed the bail, highlighting the seriousness of the offence. The High Court examined the FIR, the informant’s report, and the petitioners’ criminal records, noting that Santosh Singh had two prior convictions of a similar nature while Sanjay Chaudhary had a clean antecedent. Consequently, the Court granted anticipatory bail to Sanjay Chaudhary under Section 482(2) of the BNSS, subject to bond and surety conditions, but denied bail to Santosh Singh due to his prior offences.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
  • Whether the prior criminal antecedents of the accused affect the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • Section 30
  • Section 482
  • Bihar Prohibition and Excise Amendment Act
  • Mahua liquor
  • criminal antecedent
  • High Court
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10126 of 2026
                       Arising Out of PS. Case No.-375 Year-2025 Thana- DAWATH District- Rohtas
                 ======================================================
           1.     Santosh Singh, aged about 38 years, Male, Son of Tufani Singh, Resident of
                  Village- Bidadhi, P.S.- Dawath, District- Rohtas at Sasaram.
           2.     Sanjay Chaudhary, aged about 38 years, Male, Son of Teshlal Chaudhary,
                  Resident of Village- Tilakpura, P.S.- Suryapura, District- Rohtas at Sasaram.
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Dawath P.S. Case No. 375 of 2025 instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Amendment Act, 2018.

                                3. As per the prosecution case, total 20 litres of

                   country made Mahua liquor has been recovered from the open

                   field.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent have committed no offence and have

                   falsely been implicated in this case. He submits that petitioner

                   no. 1 has two criminal antecedent rather petitioner no. 2 has got

                   clean antecedent as stated in para 3 of the petition. He further
Patna High Court CR. MISC. No.10126 of 2026(2) dt.17-02-2026
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          submits that the petitioners have been implicated in this case

          only on the basis of disclosure of the village Chowkidar. He

          next submits that nothing has been recovered from the

          conscious possession of the petitioners and the said illegal

          liquor has been recovered from the open field. He lastly submits

          that the occurrence took place in the village at about 15:30 P.M.

          but the villagers were not made seizure list witnesses in this

          case, so its raises serious doubts. Petitioner no. 1 has got two

          criminal antecedents but petitioner no. 2 has got clean

          antecedent as stated in para 3 of the petition.

                       5. Learned APP for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. From perusal of the FIR and the impugned order of

          the learned Exclusive Special Judge, Excise Court No. 1, Rohtas

          at Sasaram dated 16.01.2026, it appears that on the basis of

          written report of the informant, namely Ravi Ranjan Kumar,

          FIR has been registered under Section 30(a) of the Bihar

          Prohibition and Excise Amendment Act, 2018 against two

          accused persons, all are petitioners. It also appears that total 20

          litres of country made Mahua liquor has been recovered from

          the open field. Petitioners are not arrested at the spot. It also

          appears that petitioner no. 2 has got clean antecedent as stated in
            Patna High Court CR. MISC. No.10126 of 2026(2) dt.17-02-2026
                                                        3/3




                      para 3 of the petition, so considering all these aspects of the case

                      and submission of learned counsel for the petitioners, I am

                      inclined to grant anticipatory bail only petitioner no. 2, namely

                      Sanjay Chaudhary.

                                     7. Accordingly, let the petitioner no. 2, namely

                      Sanjay Chaudhary in the event of his arrest or surrender before

                      the trial Court within six weeks from today, be released on

                      anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned             Exclusive Special Judge Excise

                      Court No.1, Rohtas at Sasaram in connection with Dawath P.S.

                      Case No. 375 of 2025, subject to the conditions laid down in

                      Section 482(2) of the BNSS.

                                   8. So far as petitioner no.1, namely Santosh Singh is

                      concerned, he has two criminal antecedents prior to this case

                      which belongs to the similar nature of offence, so in this

                      circumstances, I am not inclined to grant anticipatory bail to the

                      petitioner no. 1, namely Santosh Singh and his prayer for

                      anticipatory bail stands rejected.

                                                                 (Ramesh Chand Malviya, J)
Anand Kr.

U


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