Patna High Court
Santosh Prasad @ Sethi @ Santosh Kumar Prasad @ Sethi Prasad @ SantoshversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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