Patna High Court
Santosh Kumar @ Santosh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, and verification of his criminal antecedents.
Summary
The petitioner, Santosh Kumar, feared arrest in a case registered under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, alleging recovery of 171 litres of liquor from two motorcycles. He contended that he was not present at the spot of seizure, had no possession of the liquor, and was not the owner of the vehicles, asserting that his implication was based solely on a chowkidar’s statement without proper investigation. The petitioner, who has eight prior cases under the Excise Act, sought anticipatory bail, while the State opposed the relief. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.40,000 with two sureties, subject to Section 482(2) of the B.N.S.S., and directed the trial court to verify his criminal antecedents before confirming the bail. If more than eight prior cases are found, the bail would not be confirmed; if exactly eight, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in an excise offence case where he was not in actual possession of the seized liquor.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5), 482(2)
Subjects
- anticipatory bail
- excise law
- seizure
- criminal antecedents
- Section 482
- Bihar Prohibition and Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88833 of 2025
Arising Out of PS. Case No.-268 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Santosh Kumar @ Santosh Chaudhary S/o Kishun Chaudhari R/o Vill-
Mesaudha, P.S.- Kundwa Chainpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar
For the Opposite Party/s : Ms. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 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 offence punishable under Sections 317(5) of
B.N.S. and Section 30(a) of Bihar Prohibition and Excise
(Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of 8 cases and all the cases are under
the Excise Act and allegation is of recovery of 171 litres of
liquor from two motorcycles. 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 any of the
seized vehicle and he came to be implicated at the instance of
Patna High Court CR. MISC. No.88833 of 2025(2) dt.05-01-2026
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chowkidar but then it is submitted that if chowkidar was aware
of the involvement of the petitioner in the instant case 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. It
is next submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
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.40,000/- (Rupees forty thousand) 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
Kundwa Chainpur (K Chainpur) P.S. Case No.268/2025, 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
Patna High Court CR. MISC. No.88833 of 2025(2) dt.05-01-2026
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shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
eight cases, in that event, it would be presumed that petitioner
had 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 has antecedent of eight
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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