Patna High Court
Santosh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court inclined to grant bail to the petitioner, subject to specified conditions.
Summary
Santosh Kumar Yadav applied for bail in a case where 909 litres of Nepali liquor were seized from an orchard, leading to charges under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no possession of the liquor, that the recovery was from an open public area, and that no incriminating material linked him to the offence, also noting a lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail, emphasizing the seriousness of the offence and the petitioner’s two prior criminal antecedents. After considering the facts, the court found the petitioner’s claim of innocence plausible and, despite the antecedents, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, a close family member as one bailor, regular appearance in court, and a prohibition on tampering with evidence or influencing witnesses.
Issues considered
- Whether bail should be granted to the accused in a case involving illegal liquor under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act despite prior criminal antecedents
- Whether the lack of material possession and the open nature of the recovery site justify bail
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 affects the bail decision
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- illegal liquor
- prohibition law
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10091 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- GHOGHARDIHA District- Madhubani
======================================================
Santosh Kumar Yadav S/O Uttamlal Yadav @ Uttimlal Yadav R/O Village-
Basuari, P.S- Ghoghardiha, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jaishankar Kumar Yadav, Advocate
For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Ghoghardiha P.S. Case No. 190 of 2025, instituted for the
offences punishable under Sections 274, 275 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and u/s 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 909 liters of
Nepali liquor was recovered from orchard.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The name of the
Patna High Court CR. MISC. No.10091 of 2026(2) dt.19-02-2026
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petitioner has been disclosed by the apprehended person.
Learned counsel for the petitioner further submitted that the
recovery has been made from orchard, which is an open place
and is accessible to public at large. The petitioner is in custody
since 16.12.2025 and has got two criminal antecedents. There is
no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Ghoghardiha P.S.
Case No. 190 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
Patna High Court CR. MISC. No.10091 of 2026(2) dt.19-02-2026
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(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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