Created by Fuzzy Cloud

Patna High Court

Santosh Kumar @ Sanoth KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Santosh Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, for allegedly possessing 8.3 litres of liquor recovered from his motorcycle. He argued that he had a clean antecedent, was not in actual possession at the time of seizure, and was implicated merely as the owner of the vehicle, unaware of its misuse by another individual, Mukesh Kumar. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. The order stipulated that if any antecedent is discovered, the bail may be revoked, whereas a clean record would lead to confirmation of the bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the petitioner’s ownership of the vehicle, without actual possession of the liquor, suffices to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • vehicle ownership
  • liquor seizure
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9957 of 2026
                     Arising Out of PS. Case No.-42 Year-2023 Thana- KUTUMBA District- Aurangabad
                 ======================================================
                 Santosh Kumar @ Sanoth Kumar Son of Ashok Ram Resident of Village-
                 Baraon Kala, P.S.- Akodhi Gola, District- Rohtas (Bihar)
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binod Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  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 the

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 8.3 litres of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of the seized vehicle. 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.9957 of 2026(2) dt.23-02-2026
                                            2/3




          would get implicated. It is also submitted that petitioner was

          completely unaware that Mukesh Kumar would misuse the

          vehicle in the manner as alleged who was also apprehended

          from the spot.

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

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the

          event of his arrest or surrender 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 Kutumba P.S. Case No. 42 of 2023, subject to

          the conditions as laid down under Section 438(2) of the

          Cr.P.C./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 if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in

          that event the provisional anticipatory bail order shall not be
           Patna High Court CR. MISC. No.9957 of 2026(2) dt.23-02-2026
                                                       3/3




                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.