Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedent.
Summary
Santosh Kumar was implicated in a case registered under IPC sections 272, 273 and 420 and Section 47(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 672 litres of liquor from a Bolero. He argued that he was not arrested at the spot, had no conscious possession of the liquor, was not the owner of the vehicle and that the case against him rested solely on a confessional statement made by another accused in police custody, which he claimed lacks evidentiary value. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent by the trial court under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order further provides that if any antecedent is discovered, the bail may be cancelled, whereas a clean antecedent will lead to immediate confirmation of the bail.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged liquor seizure and offences under IPC and the Bihar Prohibition and Excise Act.
- Whether a confessional statement of a co‑accused made in police custody can form the basis for denying anticipatory bail.
- Whether the petitioner’s lack of ownership and possession of the seized vehicle justifies the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 47(a)
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 272, 273, 420
Subjects
- anticipatory bail
- IPC
- Bihar Prohibition and Excise Act
- liquor seizure
- confessional statement
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71331 of 2025
Arising Out of PS. Case No.-24 Year-2016 Thana- THAWE District- Gopalganj
======================================================
Santosh Kumar S/O Shankar Sahni R/O Village- Badar Jimi, P.S.- Mirganj,
Distt.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Kumar Shukla, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 13-01-2026 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 Sections 272, 273
and 420 of the Indian Penal Code as well as Section 47(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that the
case was taken up on 15.10.2025 when a learned Coordinate
Bench of this Court had sought a report from the District
Magistrate, Gopalganj but the same till date has not been
received.
4. The Court will not wait endlessly for the report of
the District Magistrate, Gopalganj.
5. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
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recovery of 672 litres of liquor from a Bolero.
6. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of
apprehended accused in police custody which does not have any
evidentiary value in the eye of law.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
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 Thawe
P.S. Case No. 24 of 2016, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
9. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
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it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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