Patna High Court
Santosh Tiwari @ Santosh Kumar TiwariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
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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
2/3
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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