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Patna High Court

Santosh Kumar Rai @ S.K. RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to bond and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Summary

The petitioner, Santosh Kumar Rai, a railway employee, applied for anticipatory bail after his motorcycle was seized with 750 ml of foreign liquor, leading to the arrest of three co‑accused. He claims he was unaware of the liquor being on the vehicle and argues that the search violated Section 105 of the B.N.S.S. The State opposed the bail, citing the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The Court examined the facts, noting the petitioner’s lack of criminal antecedent and the circumstances of the seizure. It granted anticipatory bail, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the seizure
  • Whether the seizure of the motorcycle and liquor violated Section 105 of the B.N.S.S
  • Whether the petitioner is liable under Section 30(a) of the Bihar Prohibition and Excise Act

Legislation cited

Subjects

  • anticipatory bail
  • seizure
  • prohibition act
  • excise law
  • railway employee
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.35187 of 2026
                          Arising Out of PS. Case No.-176 Year-2026 Thana- MANER District- Patna
                 ======================================================
                 Santosh Kumar Rai @ S.K. Ray Son of Lalan Rai Resident of Village-
                 Bhadwar, P.S.- Chandi, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Ashok Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr.Arun Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   21-05-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State through video-

                   conferencing.

                                 2. This application for anticipatory bail arises out of

                   Maner P.S. Case No. 176 of 2026, registered for the offence

                   punishable under Sections 30(a) of Bihar Prohibition and Excise

                   Act.

                                 3. As per the allegation, 750 ml of foreign liquor was

                   recovered from a motorcycle and the co-accused persons Pawan

                   Kumar, Kamlesh Kumar and Mukesh Kumar were arrested from

                   the said motorcycle. Petitioner has been made accused as he is

                   the registered owner of the seized motorcycle.

                                 4. Learned counsel for the petitioner has submitted

                   that petitioner is a Railway employee and is posted outside of
          Patna High Court CR. MISC. No.35187 of 2026(2) dt.21-05-2026
                                                      2/2




                    Bihar and the motorcycle of the petitioner was kept in his native

                    place and the petitioner does not know as to how and under

                    what circumstances, the illicit liquor was recovered from the

                    motorcycle and three co-accused persons were found seated. It

                    has further been submitted that the search and seizure is in

                    violation of Section 105 of B.N.S.S. It has lastly been submitted

                    that the petitioner has got no criminal antecedent.

                                 5. Learned counsel for the State opposed the prayer of

                    anticipatory bail of the petitioner.

                                 6. Heard the parties and perused the record.

                                 7. Considering the facts and circumstances, let the

                    petitioner above named, in the event of his arrest/surrender

                    within six weeks from today in the Court below, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned Special Excise Judge, Danapur, in connection with

                    Maner P.S. Case No. 176 of 2026, subject to the conditions as

                    laid down under Section 482(2) of the Bhartiya Nagrik Suraksha

                    Sanhita.



                                                                         (Praveen Kumar, J)
Pawan/-

U     T


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