Patna High Court
sonu @ Santosh Kumar @ Santosh RamdasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to the conditions specified by the Court.
Summary
The petitioner, Sonu @ Santosh Kumar, sought anticipatory bail fearing arrest in a case (Jagdishpur P.S. Case No. 438 of 2022) under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016, where police recovered 115.2 litres of foreign liquor and a co-accused named the petitioner. The petitioner contended that he was falsely implicated due to personal enmity, that no liquor was seized from his possession or residence, and cited a prior similar criminal antecedent. The State opposed the bail, arguing the seriousness of the offence. The High Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., including surety bonds, personal appearance, and provisions for cancellation on breach or future similar offences. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in the context of the alleged offence under the Bihar Prohibition and Excise Amendment Act, 2016.
- Whether the petitioner’s prior criminal antecedent and alleged false implication affect the grant of bail.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S.S. are appropriate.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Amendment Act
- false implication
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11223 of 2026
Arising Out of PS. Case No.-438 Year-2022 Thana- JAGDISHPUR District- Bhagalpur
======================================================
sonu @ Santosh Kumar @ Santosh Ramdas, Son of Radheshyam Ramdas,
Resident Of Village- Baksara Godda, Ps- Godda, District -Godda Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ankit Raj, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Jagdishpur P.S. Case No. 438 of 2022 registered for the offences
under Sections 30(a) of the Bihar Prohibition and Excise
Amendment Act, 2016.
3. The prosecution case is to the effect that the police,
on information, intercepted a Bolero vehicle and apprehended
one person, namely, Nehal Kumar and on search total 115.200
liters of foreign liquor was recovered. The apprehended person
disclosed the name of the petitioner to be liner in the present
case.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case. It has
Patna High Court CR. MISC. No.11223 of 2026(2) dt.17-02-2026
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further been submitted that the petitioner was neither
apprehended nor any recovery has been made from his
conscious possession or from his house. It has next been
submitted that only due to previous enmity, the name of the
petitioner has been given in the present case. It has lastly been
submitted that the petitioner has one criminal antecedent of
similar nature.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Jagdishpur P.S. Case No. 438 of 2022, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
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(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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