Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82108 of 2025 Arising Out of PS. Case No.-135 Year-2025 Thana- Bikramganj Excise District- Rohtas ====================================================== Santosh Kumar Son of Ramnath Singh R/o Village - Yadav Tola, Ward no. 8, P.S.- Nasariganj, Dist. - Rohtas.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Singh For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2025

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 Bihar Prohibition and Excise Act, 2018/2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 54 litres of liquor concealed under husk. 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 secret information which is the easiest way to implicate someone. It is also submitted that even alleged recovery is from a place which does not belong to the petitioner. It is further submitted that police in a mechanical

Patna High Court CR. MISC. No.82108 of 2025(2) dt.23-12-2025 2/3 manner implicates either at the instance of chowkidar, local person, secret information or confessional statement without holding a proper investigation.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) 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 Excise Case No.388/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than one case, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of one

Patna High Court CR. MISC. No.82108 of 2025(2) dt.23-12-2025 3/3 case, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) amit/- U T