Patna High Court
Santosh Kumar @ Santosh BeldarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the application for anticipatory bail, finding no prima facie evidence of the petitioners' involvement in the alleged offences.
Summary
The petitioners, Santosh Kumar and Ravi Kumar, sought anticipatory bail fearing arrest in a case (Muffasil P.S. Case No. 144 of 2026) involving alleged offences under the Bharatiya Nyaya Sanhita, the Public Gambling Act and the Bihar Prohibition and Excise Act, including the recovery of liquor, gambling paraphernalia, and numerous motor vehicles from a water park. The petitioners contended they were innocent, not caught in the act, and had no connection with the premises or the seized motorcycles. The State opposed the bail, arguing the seriousness of the offences. The Court examined the records and concluded that the petitioners were not involved in the theft of the motorcycles and found no material linking them to the alleged offences. Accordingly, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and a condition to appear at the police station every Sunday, invoking Section 482(2) of the BNSS. The order was made on a prima facie basis without prejudice to the trial.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged offences under Sections 318(4), 112(2), 61(1) of the BNSS, Section 11 of the Public Gambling Act and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether there is sufficient material to link the petitioners to the alleged theft of motorcycles and other contraband.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 112(2), 318(4), 482(2), 61(1)
- Bihar Prohibition and Excise Act — s. 30(a)
- Public Gambling Act — s. 11
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- public gambling
- prohibition act
- theft of motor vehicles
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37214 of 2026
Arising Out of PS. Case No.-144 Year-2026 Thana- GAYA MUFASIL District- Gaya
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1. Santosh Kumar @ Santosh Beldar S/o- Mahesh Prasad @ Mahesh Beldar
R/v- Baradih Po- Baragandhar Manpur Ps- Mufassil Dist- Gayajee
2. Ravi Kumar S/o- Ajay Kumar @ Ajay Choudhary @ Ajay Chauhan @ Ajay
Chaudhari R/v- Baradih (Nauranga) Ps- Mufassil Dist- Gayajee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhandev Kumar
For the Opposite Party/s : Mr. Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Muffasil P.S. Case No. 144 of 2026, registered for the offences
punishable under Sections 318(4) 112(2) and 61(1) of the
Bharatiya Nyaya Sanhita, 2023, Section 11 of the Public
Gambling Act, and Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, there is recovery of
four bottles of English liquor, playing cards, an electronic
BharatPe scanner, 21 motorcycles and scooters and one bicycle
from the water park of one Ajay Chauhan.
Patna High Court CR. MISC. No.37214 of 2026(2) dt.15-06-2026
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4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. It is further submitted that the petitioners were not
caught on the spot and nothing was recovered from their
possession. It is further submitted that the petitioners have no
concern with the alleged premises, i.e., the water park and have
no concern with the alleged recovery of motorcycles.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the records it
appears that the petitioners are not involved in the theft of the
motorcycles.
7. Considering the aforesaid facts and circumstances
of the case and the submission of the learned counsel for the
petitioners, this application for anticipatory bail is allowed.
8. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor court in
Patna High Court CR. MISC. No.37214 of 2026(2) dt.15-06-2026
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connection with Muffasil P.S. Case No. 144 of 2026 subject to
the conditions as laid down under Section 482(2) of the BNSS
and with further condition that:-
(I). The petitioners will mark their
attendance in Gayajee Muffasil Police Station on
every Sunday of each month. Failure to do so, will
result in cancellation of bail bond of the petitioner.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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