Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.
Summary
Santosh Kumar sought anticipatory bail after a FIR was lodged alleging his involvement in the illegal recovery of 786.660 litres of liquor from a wheat field, invoking Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act. The petitioner argued that he was not arrested at the scene, had no possession of the liquor, and that the alleged site did not belong to him, further questioning the motive of the complainant, a chowkidar with whom he has a hostile relationship. The State opposed the bail. The High Court, applying Section 482(2) of the CrPC, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent before confirming the bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the FIR.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for granting provisional anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- bail conditions
- Criminal Procedure Code
- Bihar Narcotic Substances Act
- Bihar Excise Act
- illegal liquor recovery
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26035 of 2026
Arising Out of PS. Case No.-23 Year-2025 Thana- KUDHNI District- Muzaffarpur
======================================================
Santosh Kumar Son of Jaleshwar Rai R/O Village- Kishunpur Madhuban,
Mohanpur, P.S.- Turki, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar S.K.
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 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 Sections 274 and
275 of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 786.660 litres of liquor from a wheat
field.
4. Learned counsel for the petitioner submits that the
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 is accessible to villagers at large and he came to be
Patna High Court CR. MISC. No.26035 of 2026(2) dt.24-04-2026
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implicated at the instance of Chowkidar with whom he is on an
inimical term. It is next submitted that if Chowkidar was aware
about 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.
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 Kudhani P.S. Case No.
23 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 one
case then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Patna High Court CR. MISC. No.26035 of 2026(2) dt.24-04-2026
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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 in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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