Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court rejected the petitioner's anticipatory bail application, directing that surrender before the trial court within six weeks will allow the trial court to decide his surrender‑cum‑bail on the same day.
Summary
Santosh Kumar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged recovery of 15.56 litres of foreign liquor. He applied for anticipatory bail, claiming he was falsely implicated and that no liquor was found in his possession. The State opposed bail, highlighting the petitioner’s prior criminal antecedents and the informer’s testimony linking him to the recovered liquor. The Patna High Court declined to grant bail, stating the petitioner’s surrender to the trial court within six weeks, after which the trial court should decide his surrender‑cum‑bail application on the same day. The order effectively rejected the bail petition while providing a procedural direction for surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s alleged involvement, as alleged by the informer and the recovery of liquor, justifies denial of bail
- Whether the petitioner’s prior criminal antecedents affect the grant of bail
Legislation cited
Subjects
- anticipatory bail
- bail
- foreign liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42383 of 2026
Arising Out of PS. Case No.-204 Year-2026 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Santosh Kumar S/o Lakshman Sah R/o Village / Mohalla - Madarpur, Ward
No.26, P.S - Laheriasarai, District - Darbhanga, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-07-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Leheriasarai P.S. Case No. 204 of 2026 registered on
15.04.2026 for the offences punishable under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution, the recovery of 15.56 litres of
foreign liquor from two plastic bags allegedly dropped by the
accused persons while fleeing from the place of occurrence, is
the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.42383 of 2026(2) dt.08-07-2026
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Nothing has been recovered from his conscious possession but
his name has come in the present case only at the instance of the
informer, namely, Neeraj Kumar and except the same there is
nothing on record to suggest that the alleged recovery belongs to
the petitioner. It is further submitted that though the petitioner is
accused in one more criminal case, but in that case, he has been
granted bail and he is ready to cooperate with the investigation.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the antecedents of the
petitioner are not clean and submits that the petitioner was
named by the informer and while fleeing from the place of
occurrence, two plastic bags containing 15.56 litres of foreign
liquor and one mobile phone were recovered. Moreover, the
petitioner is accused in one more criminal case of similar
nature.
6. In this background, this Court is not inclined to
grant bail to the petitioner. Accordingly, the prayer for bail of
the petitioner in connection with Leheriasarai P.S. Case No. 204
of 2026, pending before the learned Exclusive Special Judge II,
Darbhanga is hereby rejected.
7. However, if the petitioner surrenders before the
Trial Court within six weeks from today, the Trial Court shall
Patna High Court CR. MISC. No.42383 of 2026(2) dt.08-07-2026
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pass an order on his surrender-cum-bail application on the same
day, without being prejudiced by the fact that the petitioner’s
anticipatory bail has been rejected by this Court.
(Dr. Anshuman, J)
Manshi/Ashwini
U T
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