Santosh Bin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75310 of 2025 Arising Out of PS. Case No.-295 Year-2022 Thana- RAGHUNATHPUR District- Siwan ====================================================== 1.
Santosh Bin Son of Gautam Bin Resident of Village - Gabhirar Bin Tola, P.S.- Raghunathpur, District - Siwan.
2.
Kamendra Bin Son of Gautam Bin Resident of Village - Gabhirar Bin Tola, P.S.- Raghunathpur, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghwendra Pratap Singh For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-11-2025
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that the petitioner no.1 has antecedent of one case and petitioner no.2 is a person with clean antecedent and the allegation is of recovery of 240 litres of liquor from the straw house of petitioner no.1.
4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.75310 of 2025(2) dt.12-11-2025 2/3 recovered from their conscious possession and the straw house is a place outside the house and thus is accessible to villagers at large. It is next submitted that it appears that someone inimical to the petitioners concealed the liquor in the straw house. It is also submitted that no prudent person would use his own vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated and he came to be implicated based on secret information, which is the easiest way to implicate someone.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.II, Siwan in connection with Raghunathpur P. S. Case No.295 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
Patna High Court CR. MISC. No.75310 of 2025(2) dt.12-11-2025 3/3
8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event, if it is found that petitioner no.2 has antecedent of even one case and petitioner no.1 has antecedent of more than one case, then it would be presumed that petitioners for the purposes of obtaining anticipatory bail had concealed their 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 no.2 has antecedent of even one case and petitioner no.1 has antecedent of one case only, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T