Patna High Court
Santosh Gupta @ Santosh sawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, as the illicit liquor was not recovered from the petitioner's physical possession, he is entitled to anticipatory bail.
Summary
Santosh Gupta was arrested in connection with a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, with 27.75 litres recovered. The petitioner contended that the liquor was seized from a tempo belonging to co‑accused Vinod Singh and that he had no conscious physical possession of the contraband, and that the seizure list lacked independent witnesses. The Additional Public Prosecutor opposed anticipatory bail. The court examined whether the petitioner could be granted anticipatory bail under Section 438(2) of the CrPC given the circumstances of the seizure. Finding that the recovery was not made from the petitioner's physical possession, the court directed that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS. The order effectively granted anticipatory bail to the petitioner.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC when the seized liquor was not in his physical possession.
- Whether the disclosure by a co‑accused is sufficient to implicate the petitioner for the offences under the Bihar Prohibition and Excise Act.
- Whether the lack of independent witnesses to the seizure list affects the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- illegal liquor
- anticipatory bail
- physical possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44915 of 2026
Arising Out of PS. Case No.-1061 Year-2025 Thana- Excise P.S. District- Jamui
======================================================
Santosh Gupta @ Santosh Saw, S/o Jay Prakash Saw @ Jai Prakash Sah, R/o
Village-Chanrwar, P.S.- Garahi, Distt.- Jamui.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Mukund Kumar, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with JAM P.S. Case
No.1061 of 2025 registered under Sections 30(a) and 32(3)
of the Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 27.750 liters of IMFL/country-made liquor.
4. Learned counsel appearing for petitioner
submitted that the recovery of alleged liquor was not from
conscious physical possession of this petitioner, rather same
was recovered from Tempo bearing Registration No.09PA-
Patna High Court CR. MISC. No.44915 of 2026(2) dt.08-07-2026
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8862, which belongs to co-accused Vinod Singh. The name
of petitioner transpired on the basis of disclosure made by
apprehended co-accused Vinod Singh. It is further submitted
that the seizure list was not supported by the independent
witnesses rather by police personnel. While concluding
argument, it is submitted that the petitioner found involved
in seven more criminal cases of similar nature, 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 of note of 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 Special Excise Judge, Exclusive
Excise Court-II, Jamui in connection with JAM P.S. Case
Patna High Court CR. MISC. No.44915 of 2026(2) dt.08-07-2026
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No.1061 of 2025, 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.)
Sanjeet/-
U T
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