Patna High Court
Santosh Kumar Rai @ S.K. RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.