Santosh Sah @ Gobardhan Sah @ Gobardhan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Santosh Sah @ Gobardhan Sah @ Gobardhan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail on arrest or surrender within four weeks, on bail bond of Rs.10,000 with two sureties of the like amount each, to the satisfaction of the learned A.D.J.-XIII-cum-Special Judge, Excise-1, Gopalganj, subject to Section 438(2) Cr.P.C. conditions, cooperation in investigation/trial, and verification of criminal antecedents with steps for cancellation of bail bond if concealed.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner who apprehends arrest in Bhore P.S. Case No. 120 of 2023, registered for offences under Sections 30(a)/41(i) of the Bihar Prohibition and Excise Act.

Court's answer

Considering the abovementioned facts and circumstances, the Court was inclined to extend the privilege of anticipatory bail to the petitioner.

Ratio / Principle

The petitioner was directed to be released on bail, in the event of his arrest or surrender before the learned Court below within four weeks, on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned A.D.J.-XIII-cum-Special Judge, Excise-1, Gopalganj, subject to the conditions under Section 438(2) of the Cr.P.C.

Key takeaways

Special conditions imposed: (i) the petitioner shall cooperate in the investigation/trial; and (ii) the court below shall verify the petitioner's criminal antecedents and, if concealment is found, take steps for cancellation of the bail bond, with verification expected to be done expeditiously.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail granted by the Patna High Court to Santosh Sah @ Gobardhan Sah @ Gobardhan, who apprehended arrest in Bhore P.S. Case No. 120 of 2023 (Gopalganj), registered under Sections 30(a)/41(i) of the Bihar Prohibition and Excise Act. FIR and seizure list recorded recovery of 64.600 litres of country-made liquor from motorcycle Reg. No. BRA1K4353. Petitioner's counsel contended his name was disclosed by the local chowkidar, that he neither owned the motorcycle nor had concern with the liquor, that the seizure list was not signed by any independent witness in violation of mandatory Cr.P.C. provisions, and that there was no recovery from his physical or conscious possession; the APP cited three similar criminal antecedents, which counsel answered by stating bail had already been granted in all three. Bail ordered on arrest or surrender within four weeks on a bond of Rs. 10,000 with two like sureties before the A.D.J.-XIII-cum-Special Judge, Excise-1, Gopalganj, subject to Section 438(2) Cr.P.C., cooperation in investigation/trial, and verification of antecedents by the court below with steps for cancellation of the bail bond if concealed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12038 of 2025

Arising Out of PS. Case No.-120 Year-2023 Thana- BHORE District- Gopalganj

======================================================

Santosh Sah @ Gobardhan Sah @ Gobardhan, Son of Kokil Sah, R/o VillageRikhaibari Kalyanpur, P.S.- Bhore, District- Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Akash Raj, Advocate For the Opposite Party/s : Ms.Sucheta Yadav, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

3 22-04-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner apprehends his arrest in connection with Bhore P.S. Case No.120 of 2023 registered for the offences punishable under Sections 30(a)/41(i) of the Bihar Prohibition and Excise Act.

A perusal of the First Information Report and the seizure list would go to show that 64.600 liters of country made liquor has been recovered from a motorcycle bearing Reg.No. BRA1K4353.

Learned counsel for the petitioner submits that the name of the petitioner has been disclosed by the local chowkidar and he is neither owner of the motorcycle nor has any concern with the liquor that was seized in the case. It has also been

Patna High Court CR. MISC. No.12038 of 2025(3) dt.22-04-2025 2/3

submitted that the mandatory provisions of the Cr.P.C. have also been violated as the seizure list has not been signed by any independent witness. It has further been submitted that in any view of the matter, there is no recovery from the physical or conscious possession of the petitioner.

Learned APP submits that the petitioner has three criminal antecedents of the same nature to which learned counsel for the petitioner responds that the petitioner has already been granted bail in all the three cases.

Considering the abovementioned facts and circumstances, I am inclined to extend the privilege of anticipatory bail to the petitioner. Let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-XIII-cum-Special Judge, Excise-1, Gopalganj in connection with Bhore P.S. Case No.120 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that:-

(i) The petitioner shall cooperate in the

Patna High Court CR. MISC. No.12038 of 2025(3) dt.22-04-2025 3/3

investigation/trial.

(ii) The court below shall verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay.

(Soni Shrivastava, J)

arvind/-

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