Santosh Kumar Rai @ S.K. Ray Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Santosh Kumar Rai @ S.K. Ray Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional anticipatory bail: release upon arrest/surrender within six weeks, on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Special Excise Judge, Danapur, in connection with Maner P.S. Case No. 176 of 2026, subject to the conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Issue for consideration

Whether Santosh Kumar Rai @ S.K. Ray, made accused in Maner P.S. Case No. 176 of 2026 under Sections 30(a) of the Bihar Prohibition and Excise Act for recovery of 750 ml of foreign liquor from a motorcycle of which he is the registered owner, is entitled to anticipatory bail.

Court's answer

Having heard the parties and perused the record, the Court directed that in the event of the petitioner's arrest or surrender within six weeks, he be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Excise Judge, Danapur, in connection with Maner P.S. Case No. 176 of 2026, subject to the conditions laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Detailed headnote1 paragraphs

Anticipatory bail - High Court of Judicature at Patna, Criminal Miscellaneous No.35187 of 2026, oral order dated 21-05-2026 (Praveen Kumar, J). The applicant, arraigned in Maner P.S. Case No. 176 of 2026 registered under Sections 30(a) of the Bihar Prohibition and Excise Act solely as the registered owner of a motorcycle from which 750 ml of foreign liquor was allegedly recovered and from which three co-accused (Pawan Kumar, Kamlesh Kumar and Mukesh Kumar) were arrested, was granted anticipatory bail. In the event of arrest or surrender within six weeks, he is to be released on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Excise Judge, Danapur, subject to the conditions laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. Defence counsel had also urged that the search and seizure violated Section 105 of B.N.S.S.; the order records the grant without separately adjudicating that plea.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35187 of 2026

Arising Out of PS. Case No.-176 Year-2026 Thana- MANER District- Patna

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

Santosh Kumar Rai @ S.K. Ray Son of Lalan Rai Resident of VillageBhadwar, P.S.- Chandi, District- Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr.Arun Kumar, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

2 21-05-2026

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State through videoconferencing.

This application for anticipatory bail arises out of Maner P.S. Case No. 176 of 2026, registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

As per the allegation, 750 ml of foreign liquor was recovered from a motorcycle and the co-accused persons Pawan Kumar, Kamlesh Kumar and Mukesh Kumar were arrested from the said motorcycle. Petitioner has been made accused as he is the registered owner of the seized motorcycle.

Learned counsel for the petitioner has submitted that petitioner is a Railway employee and is posted outside of

Patna High Court CR. MISC. No.35187 of 2026(2) dt.21-05-2026 2/2

Bihar and the motorcycle of the petitioner was kept in his native place and the petitioner does not know as to how and under what circumstances, the illicit liquor was recovered from the motorcycle and three co-accused persons were found seated. It has further been submitted that the search and seizure is in violation of Section 105 of B.N.S.S. It has lastly been submitted that the petitioner has got no criminal antecedent.

Learned counsel for the State opposed the prayer of anticipatory bail of the petitioner.

Heard the parties and perused the record.

Considering the facts and circumstances, let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur, in connection with Maner P.S. Case No. 176 of 2026, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

(Praveen Kumar, J)

Pawan/-

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