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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to provisional anticipatory bail subject to verification of his antecedent and compliance with the conditions under Section 482(2) of the BNSS.

Summary

Santosh Kumar was implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for the alleged recovery of 30.200 litres of liquor from a motorcycle he owned. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that the vehicle was misused by others. The State opposed his request for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his criminal antecedent. If any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act.
  • Whether ownership of the vehicle, without possession of the seized liquor, suffices to justify denial of bail.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • seizure of liquor
  • vehicle ownership
  • criminal antecedent
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14532 of 2026
                        Arising Out of PS. Case No.-830 Year-2025 Thana- Excise P.S. District- Gaya
                 ======================================================
                 Santosh Kumar Son of Amresh Bhuiyan Resident of Village- Itwan
                 Bharaundha, P.S.- Gurua, Dist.- Gaya

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Pushp Raj Singh, Advocate
                 For the Opposite Party/s :         Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  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 offences punishable under Sections 30(a) and

                   32(3) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 30.200 liters of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.14532 of 2026(2) dt.13-03-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Ramji would misuse the vehicle in the manner as alleged

          who was also apprehended along with Chotu and Satrudhan.

                       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, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) 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 Excise

          P.S. Case No. 830 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of even

          one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional
            Patna High Court CR. MISC. No.14532 of 2026(2) dt.13-03-2026
                                                        3/3




                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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