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Santosh Pasi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

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Patna HC
2025
Santosh Pasi Vs The State of BiharSantosh Pasi v. The State of Bihar

Allowed¶21

Santosh Pasi v. The State of Bihar

Patna HC7 May 2025CR. MISC./26617/2025

Case brief

AI extract

What is this about?

Anticipatory (pre-arrest) bail allowed by Patna High Court in Criminal Miscellaneous No.26617 of 2025 for apprehended arrest in Dharoundha PS Case No. 378 of 2024 (District Siwan) under Section 30(a), Bihar Prohibition and Excise (Amendment) Act, 2022 (recovery of 40 litres illicit country-made liquor); release ordered on Rs. 10,000 bond plus two like sureties before Exclusive Special Excise Court No.1, Siwan, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023; decided 07-05-2025 by Justice Khatim Reza.

What did the court decide?

Anticipatory bail granted: release on bail in the event of arrest or surrender within six weeks, upon bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No.1, Siwan, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023 conditions.

Why is it important?

In the event of arrest or surrender before the Court below within six weeks, the petitioner shall be released on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Siwan, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023. ¶20

What the court decided

AI extract

Outcome

Anticipatory bail granted: release on bail in the event of arrest or surrender within six weeks, upon bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No.1, Siwan, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023 conditions.

Issue for consideration

Whether the petitioner, who apprehends arrest in Dharoundha PS Case No. 378 of 2024, should be released on bail in the event of arrest or surrender.

Court's answer

In the event of arrest or surrender before the Court below within six weeks, the petitioner shall be released on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Siwan, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — ALLOWED (Patna High Court, Khatim Reza, J, 07-05-2025). Petitioner apprehending arrest in Dharoundha PS Case No. 378 of 2024 (dt. 25-08-2024), instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, over alleged recovery of 40 litres of illicit country-made liquor at Village Bagaura, Pasi Tola (Siwan), to be released on bail if arrested or on surrender within six weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No.1, Siwan, subject to the conditions in Section 482(2), Bharatiya Nagarik Suraksha Sanhita 2023. Counsel had submitted the petitioner was falsely implicated, that no recovery was made from his conscious possession or house, that the recovery spot is an open place accessible to the public, that the FIR arose from secret information, and that he has no criminal antecedents.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26617 of 2025

Arising Out of PS. Case No.-378 Year-2024 Thana- DARAUNDA District- Siwan

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

Santosh Pasi Son of Parsuram Pasi @ Pashuram Pasi Resident of Village - Bagora Pasi Tola, P.S. - Dharoundha, District - Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Ms.Shyamli Kumari, Adv. For the Opposite Party/s : Mr.Jagdhar Prasad, APP

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

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 07-05-2025

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends arrest in connection with Dharoundha PS Case No. 378 of 2024 dated 25-08-2024, instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3.The allegation is of the recovery of 40 litres of illicit country-made liquor from the bush behind the boundary wall of the cowshed of Binod Kumar Sah, situated at Village Bagaura, Pasi Tola.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is submitted that no recovery has been made either from the conscious possession of the petitioner or from

Patna High Court CR. MISC. No.26617 of 2025(2) dt.07-05-2025 2/2

his house. The alleged place of recovery does not belong to the petitioner and is, in fact, an open place accessible to the general public. The petitioner has been made an accused on the basis of secret information received by the police. Lastly, it has been submitted that the petitioner has no criminal antecedents.

Learned APP has opposed the prayer for bail.

Having considered the facts and circumstance of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Siwan, in Dharoundha PS Case No. 378 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

The application stands allowed.

(Khatim Reza, J)

shyambihari/-

U

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, who apprehends arrest in Dharoundha PS Case No. 378 of 2024, should be released on bail in the event of arrest or surrender.medium confidence¶14
The court held
In the event of arrest or surrender before the Court below within six weeks, the petitioner shall be released on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Siwan, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.ratio¶20

Statutes considered

2 provisions across 2 enactments

AI extract

Bihar Prohibition and Excise (Amendment) Act, 2022Section 30(a)¶14
Bharatiya Nagarik Suraksha Sanhita 2023Section 482(2)¶20

Procedural history

How this case reached the court

AI extract

Prior proceeding
Dharoundha PS Case No. 378 of 2024 dated 25-08-2024 was instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022; the petitioner apprehends arrest in connection with it.¶14
Prior proceeding
Allegation in the case: recovery of 40 litres of illicit country-made liquor from behind the boundary wall of the cowshed of Binod Kumar Sah at Village Bagaura, Pasi Tola.¶15

Parties & counsel

AI extract

petitioner
Santosh Pasi Son of Parsuram Pasi @ Pashuram Pasi¶4
Shyamli Kumari
respondent
The State of Bihar¶7
Jagdhar Prasad

Coram

AI extract

Khatim Rezaauthor¶11

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 7 May 2025 · May
Registered: 19 Apr 2025
Case no.: CR. MISC./26617/2025
CNR: BRHC010303842025
Topic: Anticipatory Bail
Bench: Khatim Reza
Disposal: BAIL GRANTED
Case type: Criminal Miscellaneous

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Cite this judgement

Santosh Pasi v. The State of Bihar, CR. MISC./26617/2025 (PAT), decided on 7 May 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Bihar Prohibition and Excise (Amendment) Act, 2022Section 30(a)
Bharatiya Nagarik Suraksha Sanhita 2023Section 482(2)

View all statutes

Procedural history2

Dharoundha PS Case No. 378 of 2024 dated 25-08-2024 was instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022; the petitioner apprehends arrest in connection with it.
Allegation in the case: recovery of 40 litres of illicit country-made liquor from behind the boundary wall of the cowshed of Binod Kumar Sah at Village Bagaura, Pasi Tola.

View full history

Bench / Coram

Khatim Reza

Parties & counsel