Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Santosh Kumar, sought anticipatory bail after being implicated in a case (Bairgania PS Case No. 257 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, involving the seizure of 288 litres of illicit Nepali liquor. The prosecution’s case rested mainly on the testimony of a co‑accused who named the petitioner, while no direct evidence linked the petitioner to the seized motorcycles or liquor. The petitioner argued that he was not present at the scene, owned no seized property, and had no prior connection to the offence, contending that the FIR alone could not justify denial of bail. The State opposed the anticipatory bail, asserting that the petitioner’s name in the FIR sufficed for arrest. Considering the lack of material evidence and the petitioner’s claim of innocence, the court granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC, provided the petitioner surrenders within six weeks.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the material on record sufficiently links the petitioner to the alleged offence.
- Whether conditions under Section 482(2) of the Criminal Procedure Code may be imposed on anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482 CrPC
- seizure of illicit liquor
- bail conditions
- lack of evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8695 of 2026
Arising Out of PS. Case No.-257 Year-2025 Thana- BARGAINIA District- Sitamarhi
======================================================
Santosh Kumar S/o- Ravi Rai R/v- Masha Alam Ps- Bairganiya Dist-
Sitamarhi
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Adv.
For the State : Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Bairgania P.S. Case No. 257 of 2025 registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Amendment Act, 2018.
3. As per prosecution case, there is total recovery of
288 litre country made Nepali liquor from two motorcycles in
question and apprehended co-accused Shyambabu Yadav
disclosed the name of petitioner and others, who fled away from
the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. He further submits that petitioner bears criminal
Patna High Court CR. MISC. No.8695 of 2026(2) dt.18-02-2026
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antecedent of three cases in which he is on bail. He further
submits that except disclosure of apprehended co-accused
Shyambabu Yadav, there is nothing on record to connect the
present petitioner with the alleged occurrence. Petitioner is not
owner of the seized motorcycles in question. He further submits
that nothing has been recovered from conscious possession of
the petitioner. Petitioner was not found at the place of
occurrence. Petitioner has no concern with the seized liquor. In
the light of the aforesaid facts and circumstances of the case, no
case is made out against the petitioner under the provisions of
Bihar Prohibition and Excise Act.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner and submits that name of
petitioner finds place in the FIR and hence, petitioner cannot
escape from the allegation made in the FIR.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, 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 anticipatory bail on furnishing bail bond of Rs.
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10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special,
Excise Court No. 1, Sitamarhi in connection with Bairgania P.S.
Case No. 257 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
shahzad/-
U T
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