Patna High Court
Santosh Rai @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond and verification of antecedents.
Summary
The petitioner, Santosh Rai, was implicated in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 110 litres of liquor from a canal area not belonging to him. He contended that he has a clean antecedent, that the liquor was not found in his possession, and that the complaint was motivated by an inimical relationship with the chowkidar who lodged the FIR. The State opposed his prayer for anticipatory bail. The Court considered the petitioner's claim of innocence, the lack of immediate possession, and the need to verify his criminal antecedents. It granted provisional anticipatory bail, subject to a bond of Rs.500 with two sureties and a condition that the trial court verify his antecedents within six weeks, after which the bail would be confirmed if no prior case is found. The order was made under Section 482(2) of the B.N.S.S. Act.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioner’s clean antecedent and lack of possession justify the grant of anticipatory bail
- Whether the trial court may condition bail on verification of antecedents under Section 482(2) of the B.N.S.S. Act
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482
- criminal antecedent
- bail conditions
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44432 of 2026
Arising Out of PS. Case No.-453 Year-2026 Thana- GARKHA District- Saran
======================================================
Santosh Rai @ Santosh Kumar S/o Damodar Rai @ Damodar Ray R/o
Village- Tahal Tola, P.S.- Garkha, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary
For the Opposite Party/s : Mr. Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-07-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 110 litres of liquor from a place near a canal. It is
next submitted that petitioner was not arrested from the spot as
such nothing was recovered from his conscious possession and
even alleged recovery is from a place which does not belong to
the petitioner and is accessible to villagers at large and he came
to be implicated at the instance of chowkidar with whom he is
on an inimical term. It is also submitted that if chowkidar was
Patna High Court CR. MISC. No.44432 of 2026(2) dt.08-07-2026
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aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to institution of the
instant FIR which casts an aspersion on the case of the
prosecution.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees five hundred) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Garkha P.S. Case No.453/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.44432 of 2026(2) dt.08-07-2026
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antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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