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Patna High Court

Santosh singhversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail, granting provisional bail subject to bond and verification of antecedent.

Summary

The petitioner, Santosh Singh, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of 207.75 litres of liquor from two motorcycles. He argued that he had no prior criminal record, was not in actual possession of the liquor, and was only the owner of one of the vehicles used by a friend. He filed an anticipatory bail application, contending that he was unaware of the misuse of his vehicle. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, and directed verification of his antecedents under Section 482(2) of the CrPC. The order stipulated that if any antecedent is found, the bail would be cancelled; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted when the accused is not in actual possession of the contraband but is the owner of the vehicle used
  • Whether the petitioner’s clean antecedent and lack of knowledge of the alleged offence justify bail
  • Whether the conditions under Section 482(2) of the CrPC are applicable

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • excise offence
  • vehicle ownership
  • criminal antecedent
  • Section 30
  • Bihar Prohibition and Excise Act
  • CrPC Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91919 of 2025
                       Arising Out of PS. Case No.-360 Year-2025 Thana- Excise P.S. District- Araria
                 ======================================================
                 Santosh Singh Son of Umesh Singh Resident Of Village -khaira Koshkapur,
                 Ward No 09, Ramghat, Police Station -Narpatganj, District -Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :         Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 207.75 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

                   he came to be implicated based on the fact that he is owner of

                   one of the seized vehicles. It is next submitted that no prudent

                   person would use his own vehicle for committing an occurrence

                   and thus, would create evidence against himself and hence,
Patna High Court CR. MISC. No.91919 of 2025(2) dt.13-01-2026
                                            2/3




          would get implicated. It is also submitted that petitioner was

          completely unaware that his friend would misuse the vehicle in

          the manner as alleged.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned District &

          Additional Sessions Judge-cum-Exclusive Special Excise

          Judge-II, Araria in connection with Araria Excise P.S. Case

          No.360 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner 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 obtaining
               Patna High Court CR. MISC. No.91919 of 2025(2) dt.13-01-2026
                                                           3/3




                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, 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)

Sanjay/-

U          T


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