Created by Fuzzy Cloud

Patna High Court

Santosh Gupta @ Santosh sawversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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


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.