Created by Fuzzy Cloud

Patna High Court

Santosh Rai @ Santosh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.