Patna High Court
Santosh Kumar @ MalluversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S. — s. 317(2)
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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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