Santosh Malli @ Santosh Kumar @ Santosh Malik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81492 of 2025 Arising Out of PS. Case No.-243 Year-2025 Thana- SITAMARHI District- Sitamarhi ====================================================== Santosh Malli @ Santosh Kumar @ Santosh malik S/o Indal Malik @ indal malli Resident of Village- Bhuphairo, PS- Sitamarhi, Distt.- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar, Advocate For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-12-2025 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 (Amendment) Act, 2022 as well as Section 317(5) of B.N.S., 2023.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 738 litres of liquor from a Scorpio vehicle along with a motorcycle. It is next submitted that 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 and he came to be implicated based on the confessional statement of Aditya Kumar in police custody which does not
Patna High Court CR. MISC. No.81492 of 2025(2) dt.18-12-2025 2/3 have any evidentiary value.
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-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Excise)-2, Sitamarhi in connection with Sitamarhi P.S. Case No.243 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 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
Patna High Court CR. MISC. No.81492 of 2025(2) dt.18-12-2025 3/3 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