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Patna High Court

Santosh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner as the recovery was not made from his conscious possession and he has a clean antecedent.

Summary

Santosh Kumar Singh was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 36 liters recovered. The prosecution alleged that the liquor was transported in a motorcycle owned by Singh, which he had lent to a friend in good faith. Singh contended that he had no physical possession of the liquor and maintained a clean antecedent. The Additional Public Prosecutor opposed his anticipatory bail. The court observed that the recovery did not appear to be from Singh's conscious possession and, considering his clean record, directed that he be released on anticipatory bail upon furnishing a bond and sureties, subject to conditions under the CrPC and the Bihar Negotiable Instruments Act. The bail was ordered to be granted within four weeks of the order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the alleged involvement in illicit liquor trade
  • Whether the recovery of liquor can be attributed to the petitioner’s conscious possession

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • possession
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36838 of 2026
                       Arising Out of PS. Case No.-159 Year-2026 Thana- Excise P.S. District- Buxar
                 ======================================================
                 Santosh Kumar Singh, S/o Vishishth Singh R/o village - Rauni, P.S.- Rajpur,
                 Distt.- Buxar.                                               ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Dr. Kamal Deo Sharma, Advocate
                 For the Opposite Party/s :        Mr.Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-06-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Buxar Excise P.S.

                   Case No.159 of 2026 registered under Section 30(a), 32(2)

                   and 41 of the Bihar Prohibition and Excise Amendment Act,

                   2018.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 36 liters of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   petitioner that admittedly the recovery of alleged illicit liquor

                   was not made from physical possession of this petitioner and

                   he was implicated with present case for the reason that he is
            Patna High Court CR. MISC. No.36838 of 2026(2) dt.17-06-2026
                                                        2/2




                      the owner of the motorcycle, which was alleged to involved in

                      carrying consignment of illicit liquor. It is submitted that the

                      motorcycle in issue was given to the friend of petitioner under

                      good faith. The petitioner claimed clean antecedent.

                                   5. Learned APP opposed the prayer of anticipatory

                      bail to the petitioner.

                                   6. In view of aforesaid factual submissions and by

                      taking of note of fact as recovery of illicit liquor prima facie not

                      appears to be made from conscious physical possession of this

                      petitioner, accordingly, the petitioner, above-named, who is a

                      man of clean antecedent, in the event of his arrest or

                      surrender in the court below within a period of four weeks from

                      today, is directed to be released on bail on furnishing bail bond

                      of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

                      the like amount each to the satisfaction of the learned

                      Exclusive Special Judge, Excise Court No.-2, Buxar in

                      connection with Buxar Excise P.S. Case No.159 of 2026,

                      subject to the conditions as laid down under Section 438(2) of

                      the CrPC/under Section 482(2) of the BNSS.


                                                               (Chandra Shekhar Jha, J.)
    Sanjeet/-
U       T


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