Patna High Court
Santanu BanerjeeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Santanu Banerjee, sought anticipatory bail in a case (PS case No. 526 of 2023) registered under Section 30(a) of the Bihar Prohibition and Excise Act, where 117 litres of liquor were allegedly recovered from his vehicle. He contended that he had no criminal antecedent, no liquor was found in his conscious possession, and he was unaware of the recovery, asserting that the prosecution had not complied with Section 103 of the Bihar Narcotic and Substances (Suppression) Act, 2023. The State opposed the bail application. The Court examined the lack of prima facie evidence against the petitioner and the procedural lapse, and consequently granted anticipatory bail subject to a bond of Rs.15,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023. The order directed the petitioner to surrender within six weeks if arrested.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances.
- Whether the prosecution has established a prima facie case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the B.N.S.S., 2023 warrants bail.
Legislation cited
- B.N.S.S., 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103
- Section 482(2)
- criminal procedure
- bail jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6429 of 2026
Arising Out of PS. Case No.-526 Year-2023 Thana- BELHAR District- Banka
======================================================
Santanu Banerjee S/o Swpan Banerjee R/o Mohallah- Bharti Road, B. Zone,
Durgapur, PS- Durgapur, District- Vardhman, WB
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brajesh Sahay, Advocate
Mr. Amrita Kumari, Advocate
For the Opposite Party/s : Mr.Khurshid Anwari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in Belhar
P.S. case No. 526 of 2023 registered under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The prosecution allegation, in short, is that 117
liters liquor was recovered from car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner has got no criminal antecedent. No
incriminating material has been recovered from the conscious
possession of the petitioner. It is further submitted that the
name of the petitioner has transpired as being owner of the
Patna High Court CR. MISC. No.6429 of 2026(2) dt.04-02-2026
2/2
vehicle in question. The petitioner has got no knowledge and
concern with the alleged recovery of liquor. Learned counsel,
therefore, submits that prima facie, no case is made out against
the petitioner. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of arrest/surrender
before the learned court below within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.15,000/- (fifteen thousand) with two sureties of the
like amount each to the satisfaction of the Court
below/concerned Court in connection with Belhar P.S. case No.
526 of 2023, subject to the conditions as laid down under
Section 482(2) of B.N.S.S., 2023.
(Rudra Prakash Mishra, J)
Pankaj/-
U
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