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Patna High Court

Santosh Ray @ Bavan Ray @ Santosh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

Santosh Ray sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise Act alleging recovery of 270 litres of liquor from a mustard field owned by Munna Singh. The petitioner argued that he was not arrested on the spot, no liquor was found in his possession, and the alleged site did not belong to him; he also contended that the watchman (chawkidar) who implicated him had a hostile relationship with him and that the investigation was perfunctory. The State opposed the bail. The Court considered the petitioner's antecedent of five prior cases, three under the Excise Act, and applied the provisions of Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic and Smuggling (B.N.S.S.) Act. It granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties of the same amount, and directed verification of the antecedent to confirm the order. If more than five 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 Act
  • Whether the petitioner’s criminal antecedent of five cases affects the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • excise offence
  • liquor seizure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17204 of 2026
                        Arising Out of PS. Case No.-15 Year-2026 Thana- AMNAUR District- Saran
                 ======================================================
                 Santosh Ray @ Bavan Ray @ Santosh Kumar s/o- Surendra Ray @ Baharan
                 Ray R/v- Sheikhpura PS - Amnour Dist- Saran
                                                                        ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mr. Mritunjay Kumar Nirala, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026                  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 Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases out of which three cases

                   are under the Excise Act and allegation is of recovery of 270

                   litres of liquor from a mustard field of Munna Singh.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and petitioner has no concern or relation with Munna Singh. It is

                   further submitted that petitioner came to be implicated at the
Patna High Court CR. MISC. No.17204 of 2026(2) dt.19-03-2026
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          instance of the Chawkidar with whom he is on an inimical term.

          It is next submitted that if the Chawkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to the institution of the instant FIR

          which casts an aspersion on the case of the prosecution. It is

          also 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.25,000/- (Rupees Twenty-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 Amnaur P.S. Case

          No. 15 of 2026, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
           Patna High Court CR. MISC. No.17204 of 2026(2) dt.19-03-2026
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                                  7. It is made clear that thereafter the learned Trial

                     Court shall verify the criminal antecedent of the petitioner and if

                     it is found that petitioner has antecedent of more than five 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 five cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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