Patna High Court
Santosh Singh @ Santosh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of antecedents.
Summary
The petitioner, Santosh Singh, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 54.72 litres of liquor from a bamboo orchard. He argued that the liquor was not in his conscious possession, the location did not belong to him, and the informant (chowkidar) failed to report his involvement earlier, casting doubt on the prosecution's case. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedents within six weeks. It further held that if more than one antecedent case is found, the provisional bail would not be confirmed, but if only one antecedent is verified, the bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether the circumstances of alleged liquor recovery justify bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Sale and Settlement Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17440 of 2026
Arising Out of PS. Case No.-523 Year-2025 Thana- BANIAPUR District- Saran
======================================================
Santosh Singh @ Santosh Kumar Singh S/O Vijay Singh Resident Of Village-
Hansraj Pur Kala, Police Station- Baniyapur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 54.72 liters of liquor from a bamboo
orchard.
4. Learned counsel for the petitioner submits that the
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large and he came to be
Patna High Court CR. MISC. No.17440 of 2026(2) dt.19-03-2026
2/3
implicated at the instance of Chowkidar, but then it is submitted
that if Chowkidar was aware of the involvement of the
petitioner in the occurrence then why he did not inform the
police prior to 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 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.
5,000/- (Rupees 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
Baniyapur P.S. Case No. 523 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
Patna High Court CR. MISC. No.17440 of 2026(2) dt.19-03-2026
3/3
event if it is found that petitioner has antecedent of more than 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 anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of one case only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.