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Patna High Court

Santosh Tiwari @ Santosh Kumar TiwariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

Santosh Tiwari sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where 3324.945 litres of liquor were allegedly recovered from two vehicles. He argued that he had no direct possession, was not the owner of the vehicles, and was implicated solely on secret information, despite having seven prior excise cases. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition of a Rs. 35,000 bond with two sureties, subject to verification of his criminal antecedent. If the court later finds more than seven prior cases, the bail will not be confirmed; if exactly seven, the provisional bail will be confirmed. The order was made under Section 482(2) of the Bihar Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail can be granted in an excise case where the accused has no direct possession of the seized liquor.
  • Whether the existence of seven prior excise cases precludes the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Section 482
  • criminal antecedent
  • seizure
  • secret information

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1585 of 2026
                      Arising Out of PS. Case No.-492 Year-2025 Thana- PAROO District- Muzaffarpur
                 ======================================================
                 Santosh Tiwari @ Santosh Kumar Tiwari S/o- Late Kamal Tiwari @
                 Kamaldev Tiwari R/v- Narhar Sarai Ps- Karza Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raju Kumar, Advocate
                 For the Opposite Party/s :        Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of seven cases under the excise act and

                   allegation is of recovery of 3324.945 liters of liquor from two

                   vehicles.

                                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 is not the

                   owner of any of the seized vehicles and he came to be

                   implicated based on secret information which is the easiest way
Patna High Court CR. MISC. No.1585 of 2026(2) dt.21-01-2026
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          to implicate someone. It is also submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                       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.

          35,000/- (Rupees Thirty Five 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

          Paroo P.S. Case No. 492 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 more

          than seven cases then it would be presumed that petitioner, for

          the purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.1585 of 2026(2) dt.21-01-2026
                                                        3/3




                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of seven

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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