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Patna High Court

Santosh Prasad @ Sethi @ Santosh Kumar Prasad @ Sethi Prasad @ SantoshversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, surety and verification of the petitioner’s antecedent cases.

Summary

Santosh Prasad applied for anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 alleging recovery of large quantities of liquor from premises near his house and from an e‑rickshaw and a scooty. The petitioner argued that he was not arrested at the spot, had no conscious possession of the liquor, and did not own the vehicles involved, contending that the investigation was based on secret information without proper inquiry. The State opposed the bail, asserting the seriousness of the offence. The Court, after considering the submissions, ordered provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 10,000 with two sureties and that the trial court verify his criminal antecedents. It further directed that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the alleged recovery of liquor and lack of conscious possession justify denial of bail.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • Section 30
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Cr.P.C. Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13515 of 2026
                       Arising Out of PS. Case No.-419 Year-2025 Thana- RIVILGANJ District- Saran
                 ======================================================
                 Santosh Prasad @ Sethi @ Santosh Kumar Prasad @ Sethi Prasad @ Santosh
                 S/o- Tarkeshwar Prasad @ Tarkeshwar Sah R/o Village- Nayka Barka Baiju
                 Tola P.S- Revilganj District- Saran
                                                                          ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashad, Advocate
                 For the Opposite Party/s :        Mr. Vinod Shanker Modi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 202.328 litres of liquor from a place

                   near the house of the petitioner, 37.440 litres of liquor from an

                   E-rickshaw and 60 litres of liquor from a Scooty.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of any of the seized vehicles and
Patna High Court CR. MISC. No.13515 of 2026(2) dt.10-03-2026
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          even the alleged recovery of 202.328 litres of liquor is from a

          place which does not belong to the petitioner but then is

          adjacent to his house and, thus, petitioner came to be implicated

          based on the secret information which is the easiest way to

          implicate someone. It is next submitted that once an accused is

          implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, secret information or confessional

          statement without holding a proper investigation of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner, above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Trial Court where the case is pending/Successor

          Court in connection with Revilganj P.S. Case No. 419 of 2025,

          subject to the conditions as laid down under Section 438(2) of

          the Cr.P.C./482(2) of the B.N.S.S.

                       7. It is made clear that thereafter the learned trial
           Patna High Court CR. MISC. No.13515 of 2026(2) dt.10-03-2026
                                                       3/3




                     court shall verify the criminal antecedent of the petitioner and if

                     it is found that petitioner has antecedent of more than two cases,

                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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