Patna High Court
Santosh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Instruments Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(2), 41
- Criminal Procedure Code — s. 438(2)
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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