Patna High Court
Satyendra KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
The court denied anticipatory bail to Satyendra Kumar but granted bail to Ramesh Singh subject to bond and conditions.
Summary
The petitioners, Satyendra Kumar and Ramesh Singh, sought anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 15 litres of illicit liquor. The prosecution alleged that both were named accused, with Satyendra having two prior convictions under the Excise Act, while Ramesh had a clean record. The petitioners argued innocence, claiming no possession and that the accusations stemmed solely from a chowkidar’s disclosure. The court, considering the prior criminal history of Satyendra, denied his anticipatory bail but directed that if he surrenders within four weeks, the trial court should decide his bail on merit. Conversely, the court granted bail to Ramesh Singh subject to a Rs.30,000 bond and conditions under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to Satyendra Kumar under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether bail should be granted to Ramesh Singh under the same offence.
- Whether the prior criminal antecedents of the accused warrant denial of bail.
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
- bail
- illicit liquor
- excise law
- criminal antecedents
- Bihar Prohibition and Excise Act
- B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36237 of 2026
Arising Out of PS. Case No.-93 Year-2026 Thana- KARAKAT District- Rohtas
======================================================
1. Satyendra Kumar S/o Radha Singh @ Radheshyam Singh R/o Village-
Kanchanpur, P.S.- Karakat, Dist.- Rohtas
2. Ramesh Singh @ Ramesh Kumar Singh S/o Radha Singh @ Radhe Shyam
Singh R/o Village- Kanchanpur, P.S.- Karakat, Dist.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Singh, Adv.
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The petitioners are apprehending arrest in
connection with Karakat P.S. Case No. 93 of 2026 lodged on
03.03.2026, for the offence punishable under section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
4. As per the prosecution, FIR has been lodged against
three named accused persons including the present petitioners.
Total recovery of 15 litres of illicit liquor has been made, which
is the subject matter of the present case.
Patna High Court CR. MISC. No.36237 of 2026(2) dt.02-06-2026
2/3
5. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that nothing has been recovered from the
conscious possession of the petitioners and their name has come
in this case only on the basis of disclosure made by local
chowkidar. He further submits that the petitioner no.1 has two
criminal antecedents, whereas, the petitioner no.2 has clean
antecedent.
6. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that the petitioner no.1 has
two criminal antecedents and both the cases are registered under
Excise Act and this aspect must be taken into consideration. He
further submits that the petitioner no.2 has clean antecedent.
7. As such, in the present facts and circumstances of
this case, let the above named petitioner no.2 namely, Ramesh
Singh @ Ramesh Kumar Singh be released on 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 Exclusive Special Judge
Excise Court no.1, Rohtas at Sasaram, in connection with
Karakat P.S. Case No. 93 of 2026, subject to the conditions as
Patna High Court CR. MISC. No.36237 of 2026(2) dt.02-06-2026
3/3
laid down U/s 482(2) of the B.N.S.S., 2023.
8. So far as the petitioner no.1 namely, Satyendra
Kumar is concerned, this Court is not inclined to grant bail to
him. Accordingly, the prayer for anticipatory bail of the
petitioner no.1 stands rejected.
9. However, if petitioner no.1 surrenders before the
concerned Trial Court within a period of 4 weeks from today
then in that case, the Trial Court is directed to pass order on his
surrender-cum-bail application on the same day, without being
prejudice that the anticipatory bail of the petitioner no.1 has
been rejected by this Court and the Trial Court shall pass order
on the merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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