Patna High Court
Santosh Kumar Singh @ ButaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the recovery of illicit liquor did not establish the petitioner's possession or culpability.
Summary
The petitioner, Santosh Kumar Singh, was not named in the FIR but was implicated in a case of alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, with 44 litres of liquor recovered. He contended that he was merely driving a motorcycle, not the owner, and that the liquor was not in his conscious possession, further noting the absence of independent witnesses to the seizure. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the lack of direct possession and the procedural deficiencies in the seizure, concluding that the material recovered did not prima facie establish his involvement. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR and lacks physical possession of the seized illicit liquor.
- Whether the recovery of illicit liquor without independent seizure witnesses suffices to justify arrest.
- Whether the procedural requirements under the Bihar Prohibition and Excise Amendment Act, 2018, have been met.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- Criminal Procedure Code (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- possession
- seizure procedure
- Section 30
- CrPC Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40763 of 2026
Arising Out of PS. Case No.-25 Year-2022 Thana- KUTUMBA District- Aurangabad
======================================================
Santosh Kumar Singh @ Buta Late Saryu Singh @ Saryu Prasad Singh
Resident of Village - Karamdih, P.S.- Kutumba, District - Aurangabad (Bihar)
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Kamlendra Prasad Singh, Advocate
For the Opposite Party : Mr.Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Kutumba P.S.
Case No.25 of 2022 registered under Section 30(a) of 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 44 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name arrayed solely on the suspicion
that petitioner was driving the motorcycle for carrying illicit
Patna High Court CR. MISC. No.40763 of 2026(2) dt.24-06-2026
2/3
liquor. It is submitted that petitioner is not the owner of
the motorcycle which was recovered from the spot. It is also
submitted that recovery of illicit liquor was not made from
conscious possession of this petitioner. It is further argued
that no independent witness was associated with the search
and seizure list and the seizure witnesses were police
personnel themselves. Explaining criminal antecedent, it is
submitted that the petitioner found involved in two criminal
cases, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, 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 District and Additional Sessions
Patna High Court CR. MISC. No.40763 of 2026(2) dt.24-06-2026
3/3
Judge-cum-Exclusive Special Judge, Excise Court No. 1,
Aurangabad in connection with Kutumba P.S. Case No.25 of
2022, 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.)
aniket/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.