Patna High Court

Santosh KumarversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted anticipatory bail to the petitioner subject to conditions.

Summary

Santosh Kumar was apprehended for alleged possession of 83.625 litres of liquor recovered from an auto, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not the driver or owner, had no criminal record, and that his name was derived solely from a co‑accused’s statement, with no material found in his possession. The petitioner also argued that the prosecution had not complied with Section 103 of the B.N.S.S., 2023. The State opposed the bail application. The court, after considering the lack of a prima facie case and the procedural lapse, granted anticipatory bail subject to a bond of Rs.15,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the prosecution complied with Section 103 of the B.N.S.S., 2023

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
B.N.S.S., 2023 — s. 103

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
Section 103
Section 482(2)
criminal procedure
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11270 of 2026
                   Arising Out of PS. Case No.-1075 Year-2025 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Santosh Kumar Son of Suresh Prasad Resident of Village- Sahopur, P.S.-
                 Kadirganj, District- Patna                             ... ... Petitioner/s
                                               Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr.Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner is apprehending arrest in Jehanabad

                   (Karauna) P.S. case No. 1075 of 2025 registered under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution allegation, in short, is that 83.625

                   liters liquor was recovered from Auto.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner has got no criminal antecedent. No

                   incriminating material has been recovered from the conscious

                   possession of the petitioner. It is further submitted that the name

                   of the petitioner has transpired on the basis of disclosure made

                   by apprehended co-accused. The petitioner is neither driver nor

                   owner of the seized Auto. The petitioner has got no knowledge
           Patna High Court CR. MISC. No.11270 of 2026(2) dt.13-02-2026
                                                        2/2




                     and concern with the alleged recovery of liquor. Learned

                     counsel, therefore, submits that prima facie, no case is made out

                     against the petitioner. There is no compliance of Section 103 of

                     B.N.S.S., 2023. Co-accused has been granted regular bail by

                     this Bench vide order dated 04.12.2025 passed in Cr. Misc. No.

                     83851 of 2025.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances,

                     let the petitioner, above named, in the event of arrest/surrender

                     before the learned court below within a period of six weeks

                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs.15,000/- (fifteen thousand) with two sureties of the

                     like    amount       each     to    the    satisfaction   of   the   Court

                     below/concerned Court in connection with Jehanabad (Karauna)

                     P.S. case No. 1075 of 2025, subject to the conditions as laid

                     down under Section 482 (2) of Bharatiya Nagarik Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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