Patna High Court

Santosh KumarversusThe State of Bihar

Decided: 30 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted as the petitioner’s ownership of the vehicle alone did not constitute sufficient grounds for arrest, given his clean antecedent and lack of possession.

Summary

Santosh Kumar, the registered owner of a vehicle from which 375 ml of illicit liquor was seized, faced charges under several IPC sections and the Bihar Prohibition and Excise Act. He argued that he had sold the vehicle to Raghav Jha, that the sale was not transferred in his name, and that he had no knowledge or possession of the liquor, nor was he named in the FIR. The petitioner also highlighted his clean antecedent. The State opposed his anticipatory bail. Considering the nature of the accusations, the quantity seized, and the petitioner’s clean record, the court granted anticipatory bail, directing that if arrested within eight weeks he must furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail can be granted despite the petitioner being the registered owner of the vehicle used for transporting illicit liquor.
Whether mere ownership of the vehicle without possession or knowledge of the contraband suffices to justify arrest.
Whether the petitioner’s clean antecedent and lack of incriminating material in his possession warrant the grant of anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Indian Penal Code — s. 272, 273, 363, 384, 420, 467, 468, 471, 506/34

Subjects

anticipatory bail
illicit liquor
vehicle ownership
Indian Penal Code
Bihar Prohibition and Excise Act
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28557 of 2026
                     Arising Out of PS. Case No.-183 Year-2023 Thana- LAUKAHI District- Madhubani
                 ======================================================
                 Santosh Kumar S/O Ram Narayan Yadav R/o Vill.- Siswa Barhi, P.S.-
                 Phulparas, District - Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :       Mr. Madan Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 363, 384, 420, 467, 468,

                   471, 272, 273, 506/34 of the Indian Penal Code and Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 375 ml illicit liquor was

                   recovered from the seized vehicle of which this petitioner is a

                   registered owner.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner is not named in the F.I.R.

                   and his name transpired in this case merely on the ground that

                   the vehicle in question was registered in his name. As a matter

                   of fact, petitioner had sold the said vehicle to one Raghav Jha
              Patna High Court CR. MISC. No.28557 of 2026(2) dt.30-04-2026
                                                          2/2




                        but ultimately, the same was not transferred in his name and the

                        vehicle was used for transporting the illicit liquor without the

                        knowledge or consent of this petitioner. Petitioner has got no

                        concern with the alleged recovery. Petitioner claims clean

                        antecedent.

                                     5. Learned A.P.P. for the State opposed the bail

                        application.

                                     6. Considering nature of accusation, quantity of

                        recovery and clean antecedent, this anticipatory bail is allowed

                        and it is ordered that let the above named petitioner in the event

                        of his arrest/surrender before the court below within a period of

                        eight weeks from today, be enlarged on bail on furnishing bail-

                        bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Exclusive Special Judge

                        Excise, Jhanjharpur, Madhubani in connection with Laukahi

                        (Narahiya O.P.) P. S. Case No. 183 of 2023, subject to condition

                        as laid down under Section 482(2) of the Bharatiya Nagarik

                        Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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