Patna High Court

Santosh Kumar @ KausaversusThe State of Bihar

Decided: 19 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent and compliance with the stipulated conditions.

Summary

Santosh Kumar, a resident of Aurangabad district, feared arrest in a case registered under Section 30(a) of the Bihar Excise Act for allegedly recovering 16 litres of liquor from a location near a water tank that does not belong to him. His counsel argued that he has a clean antecedent, the liquor was not found in his possession, and the complaint was filed by a chowkidar who had not informed police earlier, casting doubt on the prosecution's case. The State opposed the petition for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his criminal antecedent within six weeks. If any antecedent is discovered, the bail will not be confirmed; if he is found to have a clean record, the provisional bail will be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
Whether the circumstances of the alleged recovery and the role of the chowkidar justify granting bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30
criminal antecedent
provisional bail
FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7126 of 2026
                     Arising Out of PS. Case No.-111 Year-2025 Thana- KHUDWA District- Aurangabad
                 ======================================================
                 Santosh Kumar @ Kausa S/o Lal Mohan Paswan Resident of Village-
                 Chanda, PS.- Khudwan, District- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Binod Kumar Pandey
                 For the Opposite Party/s :       Mr.Ajay Kumar No. 2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 16 litres of liquor from a place near a water tank

                   adjacent to his dalan.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and he came to be implicated at the instance of Chowkidar but
Patna High Court CR. MISC. No.7126 of 2026(2) dt.19-02-2026
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          then it is submitted that if the Chowkidar was aware about 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.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender 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 Khudwan P.S. Case No. 111 of 2025, subject to

          the conditions as laid down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of even

          one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after
              Patna High Court CR. MISC. No.7126 of 2026(2) dt.19-02-2026
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                        verification if it is found that petitioner is a person with clean

                        antecedent in that event the provisional anticipatory bail order

                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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