Patna High Court
Santosh kumar @ Santosh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of antecedents, with confirmation contingent on the outcome of that verification.
Summary
Santosh Kumar, facing arrest under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 135 litres of liquor from a motorcycle, applied for anticipatory bail. He contended that the seized vehicle was not in his possession, he was not the owner, and his implication arose solely from a chowkidar’s statement, with no direct evidence linking him to the contraband. The State opposed the bail, arguing his antecedent of eight prior excise cases indicated a pattern of offences. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.40,000 with two sureties and directed the trial court to verify his criminal antecedents. It further held that if the verification confirms eight prior cases, the bail would be confirmed; otherwise, the provisional order would not be confirmed. The order was made under Section 482(2) of the B.N.S.S., pending further verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the petitioner’s antecedent of eight prior excise cases precludes the grant of anticipatory bail.
- Whether the lack of seizure from the petitioner’s conscious possession affects the bail decision.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- prior convictions
- bail conditions
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88887 of 2025
Arising Out of PS. Case No.-300 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 Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of eight cases and all the cases are
under the Excise Act and allegation is of recovery of 135 litres
of liquor from a motorcycle. 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 the seized
vehicle and he came to be implicated at the instance of
chowkidar but then it is submitted that if chowkidar was aware
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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.300/2025,
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
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.88887 of 2025(2) dt.05-01-2026
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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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