Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond of Rs 30,000 and verification of criminal antecedents.
Summary
The petitioner, Santosh Kumar, sought anticipatory bail after learning that he might be arrested in connection with a case (PS No. 472 of 2025) concerning the alleged possession of 23.4 litres of illicit liquor, an offence punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The FIR named another accused, and the liquor was recovered from a motorcycle driven by that accused; the petitioner’s name does not appear in the FIR and he claims only suspicion and a clean criminal record. The State opposed the bail. The High Court examined whether the petitioner’s alleged involvement warranted denial of bail and considered the principle of anticipatory bail under the Bihar Narcotic Substances (B.N.S.S.) Act, 2023. Finding no direct incriminating evidence and noting the petitioner’s clean antecedent, the Court granted anticipatory bail subject to a Rs 30,000 bond and verification of any concealed criminal antecedents, with provision for cancellation if such are discovered.
Issues considered
- Whether anticipatory bail should be granted to a person not named in the FIR but implicated by suspicion
- Whether the petitioner’s clean antecedent warrants bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether conditions under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023 are appropriate
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- B.N.S.S. 2023
- criminal antecedent
- section 30(a)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32988 of 2026
Arising Out of PS. Case No.-472 Year-2025 Thana- RAFIGANJ District- Aurangabad
======================================================
Santosh Kumar S/O Bhuneshwar Yadav R/O Village- Theghwa, P.S.-
Rafiganj, Distt.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Adv.
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Rafiganj P.S. Case No. 472 of 2025 lodged on 20.11.2025,
for the offence punishable under section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
one named accused person other than the petitioner. Total
recovery of 23.4 litres of illicit liquor has been made, which is
the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
Patna High Court CR. MISC. No.32988 of 2026(2) dt.13-05-2026
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possession of the petitioner and the alleged recovery has been
made from a motorcycle which was driven by named accused
person. Counsel further submits that the petitioner is not named
in the FIR and his name has come in this case only on the basis
of suspicion. He further submits that the petitioner has clean
antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of District &
Additional Sessions Judge-cum-Exclusive Special Judge, Excise
Court no.1, Aurangabad, in connection with Rafiganj P.S. Case
No. 472 of 2025, subject to the conditions as laid down U/s
482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
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bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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