Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner.
Summary
Santosh Kumar, the registered owner of a tanker, was implicated in a case alleging illegal manufacturing and trading of illicit liquor, with 3,707.4 litres of liquor recovered from the tanker. The petitioner argued that he had no physical possession of the liquor and was merely the owner of the vehicle. The prosecution highlighted his prior involvement in four criminal cases, all of which were on bail. The court examined whether the recovery was made from the petitioner’s conscious possession and considered the relevance of his antecedents. Concluding that the liquor was not recovered from his direct possession, the court granted bail, subject to a bond of Rs.10,000 and two sureties, invoking Section 482(2) of the Bihar Narcotic Substances Act. The bail order was conditioned on compliance with the requirements of the Exclusive Special Judge Excise, Purnia.
Issues considered
- Whether bail can be granted when the accused is the owner of a vehicle used in the transport of illicit liquor but lacks conscious physical possession of the contraband.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether Section 482(2) of the Bihar Narcotic Substances Act permits bail in the present circumstances.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 318(4), 336(3), 338, 340(2), 3(5), 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- excise
- criminal antecedent
- Section 482
- possession
- tanker
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19456 of 2026
Arising Out of PS. Case No.-22 Year-2025 Thana- DAGARUA District- Purnia
======================================================
Santosh Kumar Son of Vijay Paswan @ Vinay Paswan Resident of Village -
Suhai, P.S. - Vaishali, Dist. - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anish Kumar, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 31-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Dagarua P.S. Case No. 22 of 2025, registered
for the offences punishable under Sections 274, 275, 318(4),
338, 336(3), 340(2), 3(5) of BNS and Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 3707.400 litres of IMFL/country made liquor
from the Tanker.
4. It is submitted by learned counsel that petitioner
implicated with present case only being registered owner of
Tanker which was found involved in carrying consignment of illicit
Patna High Court CR. MISC. No.19456 of 2026(2) dt.31-03-2026
2/2
liquor as alleged. It is submitted that admittedly no recovery was
made from the physical possession of the petitioner.
5. Explaining criminal antecedent, petitioner found
involved in four criminal cases, where he is on bail in all cases.
6. Learned APP opposed the prayer of bail.
7. Considering the aforesaid facts and circumstances
as recovery of illicit liquor prima facie not appears to be made
from the conscious physical possession of this petitioner,
accordingly, above named petitioner, in the event of his arrest or
surrender before the learned trial Court, within a period of four
weeks of the order, is directed to be released on bail furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge Excise, Court No. 01, Purnia/concerned
Court, where the case is pending in connection with Dagarua P.S.
Case No. 22 of 2025,, subject to the conditions as laid down
under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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