Patna High Court
Santosh Kumar @ Santosh SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted bail to the petitioners, subject to conditions, as there was no evidence of physical possession and the information linking them was not admissible.
Summary
Santosh Kumar and Ramvilash Singh sought bail fearing arrest in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016, where 450 litres of liquor were recovered from a motorcycle. The prosecution alleged the liquor was linked to the petitioners, but the petitioners contended that their names were mentioned only on the basis of secret information from a local chowkidar, which lacked evidentiary value, and that no liquor was found in their physical or conscious possession. The court noted that the recovery occurred in an open space on the river bank, accessible to all, and that there was no direct possession by the petitioners. Considering these facts, the court held that bail could be granted, subject to statutory conditions. The bail order required a bond of Rs.10,000 each with two sureties, cooperation with the investigation, and verification of any criminal antecedent, with the possibility of cancellation if concealment is found. The order was made under Section 438(2) of the CrPC and Section 482(2) of the Bihar Narcotic and Substance Substitution Act, 2023.
Issues considered
- Whether bail should be granted when the accused have no physical or conscious possession of the alleged contraband.
- Whether reliance on secret information from a chowkidar, lacking evidentiary value, justifies denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 30(d)
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- prohibition law
- excise
- secret informant
- physical possession
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10947 of 2026
Arising Out of PS. Case No.-553 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
1. Santosh Kumar @ Santosh Singh S/o- Charku Singh Village- Jharahi, P.S.
-Rajauli, Dist- Nawada
2. Ramvilash Singh S/o- Charku Singh Village- Jharahi, P.S. -Rajauli, Dist-
Nawada
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 30(a) and
30(d) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, the recovery is of
450 liters of liquor from a motorcycle.
4. Learned counsel for the petitioners submits that
the name of the petitioners have surfaced in the case on account
of suspicion. It is next submitted that no recovery has been
made from the physical and conscious possession of the
petitioners. It is further submitted that the name of the
Patna High Court CR. MISC. No.10947 of 2026(2) dt.17-02-2026
2/3
petitioners transpired in this case on the basis of secret
information by local chowkidar which has no evidentiary value.
5. The application is opposed by the learned APP
for the State.
6. Considering the fact that no recovery has been
made from physical conscious possession of the petitioners and
that, in fact, recovery is from an open space on the bank of river
which is accessible to all, let the petitioners, above named, in
the event of their arrest or surrender before the Court below
within four weeks, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court-2, Nawada in connection with Rajauli P.S. Case
No. 553 of 2025, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure/Section 482
(2) of the B.N.S.S., 2023 and subject to the further condition
that:-
(i) the petitioners shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioners and in case it is found that
the petitioners have concealed their criminal antecedent, the
Patna High Court CR. MISC. No.10947 of 2026(2) dt.17-02-2026
3/3
Court below shall take step for cancellation of bail bond of the
petitioners. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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