Santosh Kumar @ Lallu Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8155 of 2025 Arising Out of PS. Case No.-828 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Santosh Kumar @ Lallu Sao Son of Late Satya Narayan Sao Resident of Dadarmandi, Naya Tola, PS -Alamganj District-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Pradhan For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 12 litres of liquor from possession of Santosh Kumar, son of Raju Chaudhary.
4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from Santosh Kumar, son of Raju Chaudhary and not from this petitioner. It is next submitted that he came to be
Patna High Court CR. MISC. No.8155 of 2025(2) dt.06-03-2025 2/3 implicated based on confessional statement of Santosh Kumar in police custody, which does not have any evidentiary value. It is also submitted that once an accused is implicated in a case relating to excise the police starts implicating mechanically.
5. Learned A.P.P. opposes the anticipatory bail application.
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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Patna City, Patna in connection with Alamganj P. S. Case No.828 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court before accepting the 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 more than two cases, in that event, the present provisional anticipatory bail order shall
Patna High Court CR. MISC. No.8155 of 2025(2) dt.06-03-2025 3/3 not be confirmed, but if on verification, it is found that petitioner has antecedent of only two cases, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T