Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Narcotic Substances Act — s. 111(4), 317(4)
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 41(1)
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
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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
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(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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