Patna High Court
SANTOSH KUMAR @ RUDAL CHAUDHARYversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Santosh Kumar (Rudal Chaudhary), sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where liquor was allegedly recovered from a vehicle he owned. He argued that he was not in possession of the liquor, had no connection with the co-accused Nirmala Devi, and that his brother had misused the vehicle without his knowledge. The State opposed the bail, citing the petitioner’s extensive criminal record of 16 cases, 13 of which relate to excise offences. The High Court granted provisional anticipatory bail conditioned on a bail bond of Rs.80,000 with two sureties and directed verification of his antecedents. The order stipulated that if more than 16 prior cases are found, the bail would not be confirmed; if exactly 16 are confirmed, the bail would be affirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- vehicle ownership
- criminal antecedents
- Section 30(a)
- Section 482(2)
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32271 of 2026
Arising Out of PS. Case No.-59 Year-2026 Thana- Mehsoul District- Sitamarhi
======================================================
SANTOSH KUMAR @ RUDAL CHAUDHARY S/O LATE SHIVJI
CHAUDHARY R/o vill - Basbariya Chawk, P.S.- Mehsaul, Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh
For the Opposite Party/s : Mr. Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 25-06-2026 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
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of 16 cases, out of which, 13 cases are
under the Excise Act and allegation is of recovery of 3.3 litres
from Nirmala Devi and .720 litres of liquor from a motorcycle.
It is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and he has no concern or relation with Nirmala and he came to
be implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.32271 of 2026(4) dt.25-06-2026
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated.
It is also submitted that the petitioner was completely unaware
that his brother Shyam would misuse his vehicle in the manner
as alleged who was also apprehended from the spot. It is also
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either through
chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.80,000/- (Rupees Eighty 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 Mehsaul P.S. Case No.59 of 2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
Patna High Court CR. MISC. No.32271 of 2026(4) dt.25-06-2026
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shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than 16
cases, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of 16
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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