Patna High Court
Santosh Kumar Chaudhary @ Santosh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court denied anticipatory bail to the petitioners.
Summary
The petitioners, Santosh Kumar Chaudhary and Vijay Kumar, sought anticipatory bail fearing arrest in a case (Belsand PS Case No.217 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly manufacturing 25 litres of illicit country liquor. They contended they were not present at the alleged site, their names were recorded only on suspicion, and the liquor was not recovered in their conscious possession. The State opposed bail, highlighting that the petitioners have a pending excise case and are already on bail in that matter. The High Court, after hearing both sides, declined to grant anticipatory bail, noting the pending criminal antecedent and the circumstances of the case. However, the Court directed the trial court to entertain a regular bail application if the petitioners surrender within six weeks, to be decided on its merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Act given the alleged facts and their pending criminal case.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- excise offence
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15869 of 2026
Arising Out of PS. Case No.-217 Year-2025 Thana- BELSAND District- Sitamarhi
======================================================
1. Santosh Kumar Chaudhary @ Santosh Chaudhary S/o- Late Shivdeep
Chaudhary Resident of village- Basaul ward no 04, Ps- Belsand District-
Sitamarhi Bihar
2. Vijay Kumar @ Vijay Chaudhary S/o- Late Saheb Chaudhary Resident of
village- Basaul ward no 04, Ps- Belsand District- Sitamarhi Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar, Adv.
For the Opposite Party/s : Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The petitioners are apprehending arrest in
connection with Belsand P.S. Case No.217 of 2025 dated
21.11.2025, for the offence punishable under Section 30(a) of
the Bihar Prohibition and Excise Act pending before the Court
of Special Judge, Exclusive Excise Court-2, Sitamarhi.
3. As per the prosecution, the total recovery of 25
litres of illicit country liquor have alleged to be made, which is
the subject matter of the present case.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.15869 of 2026(2) dt.25-03-2026
2/2
Counsel also submits that petitioners were not present on the
place of occurrence and their name has been transpired only on
suspicion. Counsel further submits that criminal antecedent of
the petitioners is not clean as there is one criminal case (relating
to excise matter) pending against them in which they are on bail.
5. Counsel further submits that the recovery has not
been made in conscious possession of the petitioners.
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that criminal antecedent of the
petitioner is not clean as there is one criminal case pending
against them and this aspect must be taken into consideration.
7. In the present facts and circumstances, this Court is
not inclined to grant bail to the petitioners. Accordingly, the
prayer for anticipatory bail of the petitioners is hereby rejected.
8. However, trial court is directed to consider the
regular bail application of the petitioners, if they surrender
within 6 weeks from today and prays for regular bail, then trial
court shall pass order on merit without being prejudice of the
present order.
(Dr. Anshuman, J)
Prakashmani/-
U T
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