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Patna High Court

sonu @ Santosh Kumar @ Santosh RamdasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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 (Jag​dishpur 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

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.
              Patna High Court CR. MISC. No.11223 of 2026(2) dt.17-02-2026
                                                          3/3




                                        (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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