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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to stringent conditions, under Section 438(2) of the Cr.P.C.

Summary

Santosh Kumar sought anticipatory bail after the police intercepted a motorcycle and seized 32.25 litres of foreign liquor, leading to an FIR under sections 317(4), 111(4) of the Bihar Narcotic Substances Act and sections 30(a), 41(1) of the Excise Act. The petitioner contended that he neither owned nor was driving the vehicle and had no prior criminal record. The State opposed the bail, arguing that his name appeared in the FIR. The High Court, noting the lack of ownership and clean antecedent, granted anticipatory bail subject to conditions prescribed under Section 438(2) of the Cr.P.C. The order required a cash bail of Rs.10,000 with two sureties, regular appearances before the trial court and police, and prohibitions against tampering with evidence or committing further offences.

Issues considered

  • Whether anticipatory bail should be granted to a person whose name appears in an FIR but who claims no ownership or control over the alleged contraband.
  • Whether the petitioner’s lack of criminal antecedent warrants the grant of bail under Section 438(2) of the Cr.P.C.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Excise Act
  • foreign liquor seizure
  • bail conditions
  • non-ownership
  • no criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37688 of 2026
                         Arising Out of PS. Case No.-56 Year-2026 Thana- THALI District- Nawada
                 ======================================================
                 Santosh Kumar S/o Sadhu Yadav @ Sadhu Prasad Yadav R/o Village - Olipur,
                 PS - Narhat, District - Nawada

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sheo Kumar Prasad, Adv.
                 For the Opposite Party/s :        Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   01-07-2026                    Heard Mr. Sheo Kumar Prasad, learned Counsel for

                   the petitioner and learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Thali P.S. Case No. 56 of 2026 for the offence registered

                   under sections 317(4), 111(4) of the BNS and 30(a), 41(1) of the

                   Excise Act.

                                3. As per the prosecution story, the Police intercepted

                   a motorcycle and there is recovery/seizure of 32.25 liter foreign

                   liquor. This led to the FIR.

                                4. Learned Counsel for the petitioner submits that

                   neither he is the owner of the vehicle nor he was driving the

                   same but only due to suspicion, his name has been cropped up.

                   Further, he do not have criminal antecedent.

                                5. Learned APP for the State, on the other hand,
Patna High Court CR. MISC. No.37688 of 2026(2) dt.01-07-2026
                                            2/3




          opposes the prayer for anticipatory bail submitting that his name

          has come which form the basis for FIR.

                       6. Taking into account the submissions aforesaid as

          also that he do not have criminal antecedent nor he owns the

          motorcycle, in that background, this Court is inclined to grant

          him the anticipatory bail with conditions.

                       7. Let the petitioner in the event of arrest or surrender

          within a period of four weeks from the date of receipt of the

          order, shall be released on anticipatory bail on furnishing bail of

          Rs. 10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of the learned Exclusive Special

          Court Excise-I, Nawada in connection with Thali P.S. Case No.

          56 of 2026 subject to condition as laid down under Section

          438(2) of the Cr.P.C.

                       (i) one of the bailor should be the family

          members/relatives of the petitioner, who shall provide official

          document (Aadhar Card, PAN Card, Driving License, Voter ID)

          to show his bona fide;

                       (ii) the petitioner shall appear on each and every date

          before the Trial court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his bail

          bond by the Trial court itself;
           Patna High Court CR. MISC. No.37688 of 2026(2) dt.01-07-2026
                                                       3/3




                                  (iii) the petitioner shall appear before the concerned

                     police station every fortnight for next six months to mark

                     attendance and at the end of the period, the certificate be

                     submitted to the Court;

                                  (iv) the petitioner shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (v) the petitioner shall desist from committing any

                     criminal offence again failing which the State shall be at liberty

                     to take steps for cancellation of the bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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