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Patna High Court

Santosh Kumar @ MalluversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the stipulated conditions.

Summary

Santosh Kumar, a resident of Pakari village, sought anticipatory bail after the police registered a case (PS. Case No.242/2025) alleging that 53 litres of liquor were recovered from a motorcycle linked to him, invoking Section 317(2) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended he had a clean antecedent, was not the owner of the seized vehicle, and was implicated by a hostile chowkidar. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a condition that the trial court verify his antecedents; if any prior case is found, the bail would be revoked, otherwise confirmed. The petitioner also undertook to deposit Rs.1,500 with the Legal Aid. The order was made under the inherent powers of the High Court under Section 482(2) of the CrPC.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances alleged.
  • Whether the petitioner’s clean antecedent and lack of ownership of the seized vehicle justify granting bail.
  • Whether the conditions imposed under Section 482(2) of the CrPC are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • clean antecedent
  • liquor seizure
  • Section 317
  • Section 30
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • High Court
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5880 of 2026
                   Arising Out of PS. Case No.-242 Year-2025 Thana- PAKARIBARAW District- Nawada
                 ======================================================
                 Santosh Kumar @ Mallu S/O Kishori Yadav Resident of Village- Pakari, P.S-
                 Pakaribarawan, District- Nawada,

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Man Mohan Kumar
                 For the Opposite Party/s :      Mr. Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  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 317(2) of

                   BNS & Section 30(a) of Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 53 litres of liquor from a motorcycle. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and is not

                   the owner of the seized vehicle and he came to be implicated at

                   the instance of chowkidar with whom he is on an inimical term.

                   It is also submitted that of late chowkidar in order to save the
Patna High Court CR. MISC. No.5880 of 2026(2) dt.03-02-2026
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          real culprit has started implicating innocent person. It is also

          submitted that if chowkidar was 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, when petitioner

          admittedly is a person with clean antecedent.

                       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 before the learned Court below

          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

          Pakaribarawan P.S. Case No.242/2025, 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
             Patna High Court CR. MISC. No.5880 of 2026(2) dt.03-02-2026
                                                         3/3




                       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

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.

                                    7. At this stage, the learned counsel for the petitioner

                       based on instruction submits that petitioner undertakes to

                       deposit an amount of Rs.1500/- with Patna High Court Legal

                       Aid, within a period of two weeks from today.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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