Patna High Court

Santosh KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Santosh Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 85.5 litres of liquor from an auto and a motorcycle. He argued that he has a clean antecedent, was not arrested at the spot, and the seized liquor was not in his conscious possession nor was he the owner of the vehicles. The State opposed the bail, contending that the allegations warranted custody. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds of Rs. 500 with two sureties, and that the trial court verify his antecedents. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused was not in possession of the seized liquor.
Whether the Court may impose a provisional bail order subject to verification of the petitioner’s criminal antecedent.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
seizure of liquor
clean antecedent
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89321 of 2025
                         Arising Out of PS. Case No.-360 Year-2017 Thana- MANER District- Patna
                 ======================================================
                 Santosh Kumar Son of Late Suryabhan Rai @ Suryaman Ray Resident of
                 Village- Chhihannttar, Ps- Maner, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dipak Kumar
                 For the Opposite Party/s :        Mr.Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   21-01-2026               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 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 85.5 litres

                   of liquor form an Auto and a motorcycle.

                             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 is not the owner of any of the seized vehicles. It

                   is further submitted that he came to be implicated based on secret

                   information which is the easiest way to implicate someone without holding

                   a proper investigation, when petitioner admittedly is a person with clean

                   antecedent.

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

                   anticipatory bail of the petitioner.
              Patna High Court CR. MISC. No.89321 of 2025(3) dt.21-01-2026
                                                          2/2




                                 6.     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 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 Maner P.S. Case No. 360 of

                        2017 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 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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